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HomeMy WebLinkAbout05-15-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLV"ANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies} for Letters as specified below, and in support thereof avers} the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information Name: Florence I. Clark a/k/a: Irene Clark a/k/a: a!k/a: Date of Death: Mav 1.2012 File No: _ :; ~~ - y. ;, ` `, .._~. r (Assigned by Register} Social Security No: Age at death: 86 _^ Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last principal residence at 1 10 Old Gan Road, Carlisle PA 17013 North Middleton Township Cumberland County Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Harrisburg Hospital, 111 S. Front St., Harrisburg PA 17101 City of Harrisburg` Dauphin County PA 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 $ 24,000.00 Ijnot domiciled in Pennsylvania ........................Personal property in Pennsylvania $ n n0 If not domiciled in Pennsylvania ........................ Personal property in County S _._¢,¢Q Value of real estate in Pennsylvania ....................................................... . . $ (}-(1f1 TOTAL ESTIMATED VALUE.... $ 24,000.00 Real estate in Pennsylvania situated at: N/A (Attach additional sheets, if necessary.) Street address, Post Offtee and Zip Code City, Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) avers) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated May $, 1997 _ and Codicil(s) thereto dated N/A State relevant circumstances (e.g. renunciation, death of execuroq etc) Except as follows: after the execution ofthe 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(g), and dill not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated. an incapacitated person. Q NU EXCEPTIONS Q EXCEPTIONS N/A Q B. Petition for Grant of Letters of Administration (If applicable) e.t.a., d.b.n., d.b.n.c.t.a., pendente life, durante absentia, durante minoritate If Administration, c. t. a. or db.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 a 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.. Q NO EXCEPTIONS ~ EXCEPTIONS _ Petitioner(s),. after a proper search has/have ascertained that Decedent left no W ill and was survived by the fallowing spouse (if any- and heirs (attach additional sheets, if necessmy): Name Relationshi Address n _~ _ `'_ (.^i N JJ -~.1 ~ r ~~ C { l 1 ` " ~ ~ -, ?~ -r - - `_~.~ _._ t--, Forn= tzw-oz rev. to~l~%nr l Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND Official Use On(~ly ~ -, _ .~ ., A ~ ~ c Petitioners} Printed Name Petitioner(s) Printed Address Donna Lee Thomas 126 Ore Bank Road Dillsbur PA 17019 I,= ; C11M~~ ~,i. h~~d! ~; , PA The Petitioners} above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief oFPetitioner(s) and that, as Personal Representative(s) of the Decedent, the Petitioner(s) will well and truly administer the estate according to law. Sworn to or_affirmed and subscribed befor~ ~~ alt; _ ~~ >~,K ~>~.=tip-- Datc " ~ -~_ --~ --='-f'~-- me this i`~ ; day of i ~'.(_'~~ ,~.~ 1'~ -- / Date By: - ~'~ ~) ~(~ i (~ ~ ~ \,~~ ~~~ ) ~ Date For- the Register Date BOND Required: Q YES Q NO To the Register oJ'Wilts: FEES: Please enter my appearance by my signature below: Letters ...................... $ (', ( :. U~ ( 10) Short Certificates}...... ~~ ~ „ (~, (~ ( )Renunciation(s)........ . ( }Affidavit(s)........... . Bond ........................ Commission ................. . Other ...... ~(~yl ...... 1E~.CCi Automation Fee . .............. ~} C ( ' JCS Fee . .................... ~ ~,, ° ~ ( ~ TOTAL ..................... $ 1~';_ %,~ `~(` 0.00 Attorney Signature: Printed Name: Supreme Court 1D Number: Mark E. Halbruner 66737 Firm Name: Gates Halbruner Hatch & Guise PC Address: x,1,3 Mumma Road SLite 10O_ .emnyne PA 17043 Phone: 717-731-9600 Fax: 717-73[-9627 Email: m.halhnmort7gatPCla~firm crZnL DECREE OF THE REGISTER Estate of Florence I. Clark File No: ~ ; - 1 • ~ C_ '~ ( i- a/k/a: Irene Clark AND NOW, ~~' ' ~' C~ l•-} , in consideration of the foregoing Petition, satisfactory proof having been p esented before me, IT IS DECREED that Letters Testamentary are hereby granted to Donna Lee Thomas in the above estate and (if applicable} that the instruments} dated May 8, 1997 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)} of Decedent. ~~-~~~ ~4 lC`~ ~ ~C l Ali ~~ - ~~ fi~ ~ ~ `~ ~ ~~ ~ ~°f Register of Wills ~~l' ~ _ Form RW-D1 rev. !0~1U20/1 Page 2 of 2 I(inc ~~ c oi. ~. ~~c E~~~r~A~~s c~~~~~;~~ ~~ c~ ~~ ~.~.~~~ ~~ ,_ ih/A~I~: ~t;is ;'t.l(4",y~~to dup~icat~~~ ttJd~ c~~~~:(~, ~~:~ ~:)s ~~atc~z>~,~r ~~~ ~~ sir }:~.:~I ,)~,.. Fee tier this ~ertif~~ate. `>f~ (1O „~ ~~Y ~ ~ (~~~f ~: ~~ t ~ ~( (,~~ (~ ~n ~n ) _. I E'=1 '7P ~ -~. - ,~` ~ !;:. ~'~ ~ r ~ - ~::c_~ ~,tlr~. ~ i1.' (~ _1[381 ~, ~~ ~ ,'l.~ i Iht ~~t,,;f~ ~ it_~l PA CUM~FR~A~~ID G0 ~ ..~ , I ~ ~. , , , ~' ~84$~40~ < ~ .~ ~' `ri ~ ----- -- ~ . ~~.c~k,~. MA~ 3 ,rz 0 ~2 _ _. _ _.. x~~ - _- 1~.. ~,tiu~~(~ Type/Print In COMMONWEALTH O Permanent F PENNSYLVANIA ~ DEPARTMENT OF HEALTH ~ VITAL RECORDS 6 O 1. Decedent's Legal Name (Firs[, Middle, Last, Suffix) v~ v~~ LT State File Number: ~ ~ Y~ G •~ GLct r~ 2. Sex 3. Social Security Number 4. of Death (MO Day ) (Spell o) Sa. Age-LasT Birthday (Yrs) Sb. Under 1 Year Sc. Under 1 Da Female 201-1s-4292 6. Date of Birth (MO/Uay/Vea r) (Spell Month) ] Bi h l I s6 MPnus Davs Hoqrs Mi a. rt p ace (City and Stat or Fo gn Country) nptes P March 27, 1926 Carlisle A ]b. Birthplace (cpgnty) Cumberland Sa. Residence (State or Foreign Country) 86. Residence (Street and Number - Include Apt No ) 8 Did . c. Decedent Live In a Township? PA 110 Old Gap Rd _ ad. Readenre (county) Q9 Ves, decedent lived in N . Middle=ton t _ wP Cumberland Se. Residence (Zip Code) Q No, decedent lived within limits of city/boro- 9. Ever in US Armed ForcesT 10. Marital Status at Time of Death Q Married ® Widowed 11 Survivin S o ' N . g p use s ame (if wife, given a prior to first marriage) Q Yes ~ No Q Vnknown Q pivorced Q Never Marled Q Unknown am 12. Father's Name (First, Middle, Last, Suffix) ' 1£e 13. Mother s Name Prior to Firs[ Marriage (First, Middle, Last) 14a- Informant's Name 14b. Donna L Thomas Sara C_ Bentzel Relationship to Decedent 14c. Informant's Mailin Address (Street and Number, Clty, State; 21 d f ` o G _ aughter 126 Ora Ban c Rd_, Dillsburg, PA ~~~ ~.9 s .......................................................... .......... ......................... If Death Occurred in a Hos Pital: ~' In - patient 15 a. P ace o Deat C ec on y one ........... _ """"'" --- """"'""" """"'--~-~ ------• . ... . ........... -- i If D ~ Emergent Room/Out Y patient Q Dead on Arri l g 0 py _ eath Occurred Somewhere Ocher Than a H LJ P Hospice Facility -- ----'"""""""" Decedent's Home va 156. Facility Name (If not institutlo n give street and number, _ Nursin Home/Long-Term Care Facility Q Other (Specify) , Harrisbur Hos ital 15c. City or Town, State, and Zip Code 16d. County of Death Harrisburg PA 17101 16a. Method of Disposition Burial Q Cremation Q Removal fro Si [ , Disuphin 16b. Date of Disposition 16c. Place of Disposition (Name of cemetery rema c to th ~ m a e Donation otner(speclty) Q , ry, or o er place) May 4, 2012 Westminster Cemetery 16d. Location of Disposition (City or Town, State, and ZI P) 1]a. of Funeral Se Ice LI r P I Car 11s1a , PA 17013 erson n Charge of Interment 1]b. Lice Number 013144E E i]c. Name and Complete Address of Funeral Facility Ho££man-Roth Funeral Home & Cremat 219 North Hanover Street, Carlisle, PA 17013 ' m 18. Decedent s Ed ucatlon -Check the box that best describes the 19. Decedent of Hispanic Origin -Check the 20 Ueced ' ~ highest degree or level of school completed at the time of death, . e Wt s Race -Check ONE OR MORE r s to Indicate what box thaC best describes whether the decede t h Q 8th grade or less Q No tllploma 9th - 12th grade n t ¢ decedent conside retl himself or herself to be. is Spanish/Hispanic/Latino. Check the "NO" White Q Korean , ® High hool graduate or GEU completed box if decedent is not Spa Wish/Hispanic/Latino. Q Black or African American Q Vietnamese Q Some college credit, but no degree ~Q.]] No, not Spanish/Hispanic/Latino Q American Indian or Alaska Native Q Other Asian L] V M Q Associate degree (e.g. AA, AS) es, exican, Mexican American, Chicano Q Asian Indian Q Native Hawaiian Q Ves Pu rt Ri Bachelor's de O Brea (e.g. BA, AB, BS) , e o can Chinese Cuban o o Gua manlan or Cha morrn Q Ves Q Master's degree (e.g. MA, M5, MEng, MEd, MSW, MBA) , Q =>amoan Q Ves, other Spanish/Hispanic/Lati l i Q Doctorate (e.g- PhD, EdD) or Professional degree no Q Ja p a nese Q Other Pacific Islander . MD DDS, DVM, LLB, JD (Specify) Q Other (Specify) _ 21. Decedent's Single Race Self-Designation -Check ONLY ONE to indicate what the tleceden[ considered himself or herself t b ' White Q Japanese Black Af i A o e. 22a. Decedent s Vsual Occupation - Intlicat t Q Samoan done Burin a ype of work most f k or r can merican Q Korean o wor ing 11fe. UO NOT USE RETIRE U. ~] Ocher Pacific Islander g Q American Indian or Alaska Native Q Vletna mesa Q Don't Know/NOC Sure Homemalce!r Q Asian Indian Q OTher Asian Q Refused Q Chinese Q Native Hawaiian 22b. Kind of Busine ss rind ustry Q Other (Specify) Q FIIIPI^° Q Guamanian or Chamorrp Own Home! ITEMS 23a - 23d MUST BE COMPLETED 23 D to Pronounced D BY PERSON WHO PRONOV NCES OR ead (MO/Day Yr) 236- Signature of Person Pronouncing Death (Onl wh li CERTIFIES DEATH y en app D cable) 23c. Vicense Number / 23d. Date Signed (MO/Day/Vr) 24. Tim f De h 25. Was Medical Examiner or Coroner ContactedT Q Yes No CAUSE OF DEATH 26. Part 1. Enter the chain of eve nis- diseases, injuries, or compli Approximate cations--that directly caused the death UO NOT respiratory arrest, or ventricular fibrfllatlon w ithout showing . enter terminal a uch as cardiac arrest Interval: the etiology. DO NOT ABBREVIATE nt l e / J . E er on y one cause on a Iine Add additional lines if necessary Onset to Death IMMEDIATE CAUSE - ---------_..-~ a. / ~ d'A /~/ (Final disease or condition / /ej ~X/z~(• (~~~0 J Jam- ~ // ' /- QId / ~f`~~ / / resulting in death) as Due o (or a copse ence of): --'-- III ? ~ b /•CT~'La ~'L~ ~ ~~ ~~ ~ ~ Sequentially list conditions, 7 if any, leading to the c a Dt to (or as a consequence of): ---"- listed on Ilne a. Enter rhe UNDERLYING CAUSE (disease or Injury that as a con _ Due to (or sequence of): --- Initiated the events resulting d. _ in death) LAST. Due to (or as a consequence of): --- S 26. Par[ II. Enter ocher sl¢niflca nt conditions con[ributin¢ t d th bur not resulting In the underlying cause given In Part I ' ~ 27 . Was an autopsy p rt mad] D Ves No m v 2E'.. Were autopsy fin vallable to complete the eau of tleath] ..4 o 29. If Female: ~`NOt pre gna nt within past year 30. Did Tobacco Use Contribute to DeathT Q Yes Q No 31. Manner of Death r Q Preg at time of death Q Ves 0 Probably Natural ~ Q Homicide m Q Not pregna nr, but pregnant within 42 days of death Q No Q Unknown Q Accident [] P nding lnvest gation f- Q Not pregnant, but pregnant 43 days to 1 year before death o e Date of In Suicide Q [] Covid r i be d termined 32 j (M Q Unknown if pregnant within the past year . ury O/Day/V r) (Spell Month ) 33. Time of Injury 34. Place of Injury (e.g. home; constr~cri°n site; farm; school) 35. Location of Injury (Street and Npm bar, City, Stare, Zip Code) 36. Injury at Work 37. If Tra nsportatlon Injury, Specify: 38. Describe How Injury Occurred: Q Ves Q Driver/Operator Q Pedestrian Q N° Q Passenger Q Other (Specify) 39a. Certifier (Check only o e): ~Ce rtifying physician - To the best of my knowledge, death occu Q Prono n i 8 rred due to the cause(s) and manner stated u c ng Certifying physician - To the best of my knowledge, death occurred at the time, date, and place, and due to the cause(s) and ma Q Medical Examiner/CO O roneF- nner rated n the basis o anon, and/or investigation, in my opinion, death occurred at [he timre date and la d d m n Signature of certifier: , , p ce, an ue to the cause(s) and m r stated U 39 b. Name, Atldr¢ss and ZI Co P sorb Completing C se De Title of ce rtifler: License Number: OS©I~ a It em 26 ~ a ~ / / / 39c. pa a Si ed (MO/Day/V r) N H[fJ. `S~ ~ ~ ~7~~~ ~ 40. Registrar's District Number 41. Registr - .i .ZO~~-- gn aiu re 42. Regl:;trar File Date Mo/Day 43. Amendments Disposition Permit No. ~ ~_ Q ~L~- p H105-143 -~ REV 0]/2011 • LAST WILL AND TESTAMENT OF FLORENCE I. CLARK I, Florence I. Clark (a.k.a. Irene Clark), a resident of, and domiciled in, Cumberland County, Pennsylvania, do make, publish, and declare this to be my Last Will and Testament, in the manner following, hereby revoking all of my previous Wills and Codicils (but not that certain Trust Agreement referred to in Articles II and IV herein, if the same be deaermined to be testamentary in nature). r.: ~ r~ . ~ -~ .. _, P~7 ~ ARTICLE I ~ ~~ ~ ~ '' `-'-' - - ~ - GENERAL PROVISIONS ~ - ._ ~-'- c_1 - . (1) STATEMENT OF CITIZENSHIP `; , _ ~~ ~ _ ~ ~ - ` _> `~ ~; , -~-, I declare that I am a citizen of the United States of America, and that my Social Security Number is 201-18-4292. (2) FAMILY MEMBERS At the time of the execution of this Will, I am a widow and my children are: Donna Lee • Thomas and Linda Kay Russell (hereinafter collectively and individually, as the case may be, referred to as "my children" or "my child"). For purposes of this instrument and for all other purposes, the terms "child, " "children, " "grandchildren, " "descendants" and "issue" shall exclude adopted persons, step-children, step-grandchildren and their issue; the term "issue" shall include only the Testatrix's blood line descendants of whatever degree. Furthermore, for purposes of this instrument and for all other purposes, a person in gestation, later born alive, shall be considered a person in being. Notwithstanding anything to the contrary contained in this instrument or elsewhere, the Testatrix specifically states that no property under this Will shall pass or be distributed to her daughter, Linda Kay Russell, nor to her issue, for reasons best known to the Testatrix. The Testatrix hereby declares that such omissions are intentional and not occasioned by accident or mistake. ARTICLE II DEBTS AND TAXES (1) PAYMENT OF DEBTS AND EXPENSES I direct that all of my legally enforceable debts and expenses, including, but not limited • to, any expenses of my last illness, any funeral or cremation expenses (including, but not limited to, the costs of memorials of all types and memorial services), any allowances by court order for those individuals dependent upon me, and any expenses of the administration o f my estate (including any expenses of any ancillary proceeding that may be necessary in another state or • country), be paid as soon as practical after my death by my Personal Representative, and I hereby authorize and empower my Personal Representative, in the case of any claim made against my estate, to settle and discharge any such claim, in the sole and absolute discretion of my Personal Representative. (2) DISCHARGE OF LIENS In the event that any property, or interest in any property, passing under this Will, or otherwise, by reason of my death, shall be encumbered by a mortgage or lien, or shall be pledged to secure any obligation (whether or not the property, or the interest in any such property, so encumbered or pledged shall be owned by me individually or jointly), then it is my intention that any such indebtedness shall not be charged to, or paid by, my estate. (3) PAYMENT OF TAXES I direct that all of the estate, inheritance, or other death taxes of any naturf: (including the federal supplemental estate tax on certain qualified plan benefits), together with any interest and penalties, that may be payable upon or with respect to any property, or any interest therein, required to be included in my gross estate or taxable to any person receiving any such property under the provisions of any present or future domestic or foreign laws, regardless of whether any such property, or any interest therein, passes under or outside of this Will, and regardless of whether the said taxes are payable by my estate or by any recipient or beneficiary of any such property, including any generation-skipping transfer tax on any direct skip (except by reason of • disclaimer) due to the express terms of this Will or that certain Trust Agreement known as The Florence I. Clark Revocable Trust dated ~'` ~~ ~•' 1997, but excluding any other type of generation-skipping transfer tax, a d also excluding any additional estate tax unpaid pursuant to Section 2032A(c) of the Internal Revenue Code of 1986 (hereinafter referred to as "the Code"), as amended, shall be paid, or other provision for any such payment made, by my P rsonal Representative and the Trustee of The Florence I. Clark Revocable Trust dated G~-~ `- 1997, out of the principal of the Trust Estate held under that certain T st Agreement, with no right of reimbursement from any recipient or beneficiary of any such property or interest, except as provided in Section (2) of Article IV of that certain Trust Agreement. Notwithstanding the foregoing, my Personal Representative sr~all make a claim, to the extent permitted by law, for any death taxes assessed against my estate because of any power of appointment which I may have, and my Personal Representative may make a claim for any death taxes assessed against my estate due to the inclusion of any qualified terminable interest property in my gross estate. Moreover, to the extent that the assets of my probate estate, exclusive of any real estate or tangible personal property, are insufficient to pay all, or any part of, the legally enforceable debts and expenses of my estate, any estate, inheritance, or other death taxes of any nature, or any cash bequests under this Will, if any, my Personal Representative shall mand payment thereof from the Trustee of The Florence I. Clark Revocable Trust dated ~< <~;~~ , 1997, but subject to the terms, conditions, and limitations of that certain Trust Ag ee~nent which • are applicable to the payment of any such sums. 2 • ARTICLE III SPECIFIC BEQUESTS (1) PERSONAL EFFECTS All of my clothing, jewelry, personal effects, boats, automobiles, and all other tangible personal property, not otherwise specifically disposed of herein or otherwise, which are owned by me at the time of my death (except any cash on hand or on deposit, any property used in a trade or business, and any other property held for the production of income), I bequeath to my residuary estate. (2) PROPERTY INSURANCE POLICIES All of my insurance policies which provide indemnity for the loss of any of my personal or real property by fire, windstorm, or any other casualty, including any claim for any such loss of any such property which I might have at the time of my death against any insurance company, I bequeath any such policies or claims respectively to those persons who shall become owners of the applicable properties by reason of my death, whether or not any such ovvnership be acquired under this Will or otherwise. (3) COST OF DELIVERY • If, with respect to the aforementioned bequests, it is necessary to effect the delivery of my tangible personal property or any insurance policies to a beneficiary who is to respectively receive the said bequests, my Personal Representative shall arrange for, and pay the costs of, any shipments incurred in making any such deliveries. ARTICLE IV RESIDUARY ESTATE (1) RESIDUARY DISTRIBUTION I give the balance of my estate, all of which is herein referred to as my residuary estate, to the Trustee of The Florence I. Clark Revocable Trust dated 1997, to be administered by the terms provided in the said Trust Agreemen as it now exists or as it may be amended at the time of my death, notwithstanding that any such amendment or amendments may have been made subsequent to this Will. It is not my intention to exercise any power of appointment I may have, except as any such power of appointment may be specifically exercised. The receipt of the said Trustee under the said Trust Agreement shall be a full acquittance and discharge to my Personal Representative for the property so distributed. Upon distribution to the said Trustee, the administration of my estate shall cease with re spect to the assets passing to the said Trustee, and the said Trustee shall not be subject to the control of any • court in which my Will may be probated. 3 • (2) SAVINGS PROVISION If, for any reason, the aforementioned Trust Agreement shall not be in existence at the time of my death, or, if for any reason, a court of proper jurisdiction shall declare this transfer to the said Trustee of the said Trust Agreement to be invalid, then I direct that the residuary estate shall be held, managed, invested, and reinvested in exactly the same manner described in the said Trust Agreement, giving full effect to all of the then existing amendments to the said Trust Agreement, and the residuary estate shall be managed by the same Trustee (or, as appropriate, the successor or successors therein named, as defined in that certain Trust Agreement). Thus, for those purposes, I do hereby incorporate that certain Trust Agreement by reference, into this, my Will. Notwithstanding the foregoing, if my Personal Representative has presumptive evidence that the reason the said Trust Agreement is not in existence: at the time of my death is due to my intention and act to revoke the said Trust Agreement (by physical destruction or otherwise), then it is my intention that my Personal Representative anal any court of proper jurisdiction shall, in good faith, ignore the diapositive scheme called for under the said Trust Agreement, and instead, my estate shall be distributed in accordance with the controlling intestacy laws then in effect. ARTICLE V THE PERSONAL REPRESENTATIVE • (1) NOMINATION I hereby nominate Donna Lee Thomas as my Personal Representative. In the event that my Personal Representative is unable or unwilling to serve or to continue to serve in such capacity for any reason, then I nominate Rachel Thomas as the Successor Personal Representative. (2) COMPENSATION Any Personal Representative shall be entitled to compensation which is allowed to Personal Representatives by the laws of the Commonwealth of Pennsylvania. Ariy Personal Representative shall also be entitled to reimbursement for any expenses necessarily iincurred by any such Personal Representative in the administration of my estate. (3) BOND To the extent allowed by law, no Personal Representative shall ever be required to give bond or other security, to qualify, to make an accounting to any court under the provisions of any present or future laws of any state or territory, or to obtain the approval or order of any court in the exercise of any power or discretion herein given (unless otherwise provided in this instrument) . • 4 • ARTICLE VI THE POWERS AND DUTIES OF THE PERSONAL REPRESENTATIVE (1) GENERAL POWERS AND DUTIES My Personal Representative, or any successor, shall be governed by the appropriate provisions of the Pennsylvania Statutes, as amended, that are not in conflict with this instrument, and shall have all of the additional powers and protection granted by statute to Personal Representatives. In addition to, but not in limitation of, any common-law or statutory authority, and without application to any court, the Personal Representative, or any successor, shall follow the directions hereinafter given and shall exercise, in the Personal Representative;'s sole and absolute discretion (unless otherwise provided in this instrument), the powers and responsibilities hereinafter given. The aforementioned shall also apply to any Trustee, at the time of application, with respect to any Trust Agreement created under this instrument. (2) INVESTMENT AND OTHER POWERS AND DUTIES With respect to both real and personal property, and for the purposes of obtaiining funds for the payment of any debts, expenses of administration, taxes, payment of devises, and for making distributions, conversion into cash, management of property, and for Every other purpose, my Personal Representative may acquire, retain, invest, reinvest, exchange, lease, sell, • borrow, mortgage, pledge : transfer, and convey in any such manner, on any such terms, and at any such times, all without limit, as my Personal Representative may deem advisable (unless otherwise provided m this mstrument), even if any such terms may extend beyond the expected administration of my estate. No person dealing with my Personal Representative shall be required to inquire into, or shall be held liable with regard to, the necessity or propriety of any transaction, nor as to the application of any money or property paid or delivered in connection with any such transaction. (3) POWER TO DISPOSE OF ESTATE ASSETS I hereby give to my Personal Representative the full power and authority, at any time, to sell, mortgage, pledge, exchange, dispose of, or otherwise deal with any property comprising my estate, upon any such terms as my Personal Representative shall deem advisable; to settle and compromise any and all claims in favor of, or against, my estate as my Personal Representative shall deem advisable; and for any of the foregoing purposes, to make, execute, and deliver any and all deeds, contracts, mortgages, bills of sale, or any other instruments necessary or desirable therefor. My Personal Representative is expressly authorized Ito postpone the final distribution of my estate pending the final determination of any tax liiabilities in connection therewith. (4) PAYMENTS OR DISTRIBUTIONS TO MINORS • In the event that there is to be a payment or distribution from my estate to a donee who is a minor at such time, then at such time, as my Personal Representative deems advisable, any such payment or distribution shall be made by my Personal Representative (i) to any .such minor 5 • directly, (ii) to any such parent of the minor, (iii) to any such other person having; custody of the minor, (iv) to the legally appointed guardian, conservator, or committee of any such minor, or (v) to a custodian selected for any such minor under a Uniform Transfers to Minors Act (or similar or successor statute), whether or not the applicable custodian is selected by my Personal Representative or has already been serving as the said custodian. If there is no such custodian, the applicable custodian may be appointed by my Personal Representative, and any person or entity serving as my Personal Representative may be appointed as the said custodian (unless otherwise provided in this instrument). (5) CHARITABLE PLEDGES My Personal Representative may pay any pledges made by me in writing;, if, in the discretion of my Personal Representative, Iwould have wanted such pledges paid. (6) TAX MATTERS (a) Tax Returns: I specifically authorize and empower my Personal Representative to execute and file any applicable income tax returns for the year in which my death occurs, and for any years prior thereto. I also authorize and empower my Personal Representative to execute and file any gift tax returns, if any such gift tax returns are required for the year in which my death occurs, and for any years prior thereto. My Personal Representative: shall incur no personal liability for any action taken in good faith in accordance with either of th.e foregoing • authorizations. (b) Tax Elections In General: I am cognizant of the fact that the provisions of the Code, and any other applicable laws, in force at the time of my death and as applicable to my estate, may permit my Personal Representative to elect to claim certain administration and other expenses as deductions either in the income tax returns of my estate or in the estate tax return. It is my desire that my Personal Representative elect to claim, from time to timc;, any such expenses as deductions on the particular tax returns which, in my Personal Representative's opinion, may result in the smallest combined taxes being paid, irrespective of whether any such expenses shall be payable from the income or the principal of my estate. M[y personal representative shall have the power to allocate to the income or the principal of my estate, in whole or in part, any of the receipts and the disbursements of my estate, in m;y Trustee's reasonable discretion (unless otherwise provided in this instrument). Also, my Personal Representative is authorized, but not required, to make any adjustments, in the reasonable discretion of my Personal Representative, between any property interests passing to any beneficiaries under this instrument which may be substantially affected as a result of any election under this Article. It is my direction that any such property interests, which may be determined as a result of my Personal Representative's reasonable discretion, shall, in fact, be the interests that any such beneficiaries shall receive under this instrument. (c) Generation-Skipping Transfer Tax Authorization: I have expressly authorized the Trustee of The Florence I. Clark Revocable Trust dated ~.~. ~= _, 1997, to exercise, in the said Trustee's discretion, the allocation of any porti nor all of my exemption • under Section 2631(a) of the Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make any such allocation 6 prior to my death. If Section 2631(a) of the Code is not interpreted as to allow a Trustee to allocate the said exemption, then my Personal Representative is nonetheless directed to follow the said Trustee's instructions wrth respect to the said exemption. ARTICLE VII SIMULTANEOUS DEATH PROVISIONS (1) OTHER BENEFICIARIES If any beneficiary and I shall die under such circumstances that there is not sufficient evidence to presumptively determine the order of our deaths, then it shall be presumed that I shall have survived any such beneficiary, and my estate shall be administered and distributed in all respects in accordance with such a presumption (unless otherwise provided in this instrument) . ARTICLE VIII JOINTLY-OWNED PROPERTY If, at the time of my death, I am a joint owner, co-owner, or individual owner of any real estate, bank account, or savings account in any commercial bank or savings institution, bond, or any other security or instrument of indebtedness which is registered or issued in my name and that of another person or persons, or any other property held as joint tenants with right of survivorship, or which is payable to either a co-owner or to the survivor of them, then I give, devise, and bequeath all of my right, title, and interest in any such property to the surviving joint owner thereof. It is my understanding that all of my right, title, and interest in and to any such property will pass to any such surviving joint owner or owners upon my death by operation of law, but I do, nevertheless, make these provisions in order to eliminate any question as to the right of any such surviving joint owner or owners to succeed to the ownership of any such property upon my death. ARTICLE IX RULES OF INTERPRETATION (1) HEADINGS The headings used in this instrument are for convenience only and shall not be resorted to for any interpretation of this Will. (2) MISCELLANEOUS Whenever the context so requires, the masculine shall include the feminine and the • neuter, the feminine shall include the masculine and the neuter, the singular shall include the plural, and the plural shall include the singular. If any portion of this Will is held to be void 7 • or unenforceable, the balance of this Will shall, nevertheless, be carried into effect. Also, the provisions of this Will shall be interpreted pursuant to the laws of the Commonwealth of Pennsylvania, in which state I have made my domicile. IN WITNESS WHEREOF, I have affixed my signature to this, my Last Will and Testament, consi t'ng of nine (9) typewritten pages, including the next page, on this ~' day of ' C~ 1997. ._ `~ ~ ,; Florence I. Clark, Testatrix SIGNED, SEALED, PUBLISHED, AND DECLARED by the said Florence I. Clark, as the Testatrix's Last Will and Testament, in the presence of the undersigned who, at the Testatrix's request and in the Testatrix's presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto, this ~~' day of ~~~:..~:. , 1997. Witnesses: ~~~~ ~ {; Residence: r _ ~.=:, ~~ s . AFFIDAVIT OF PROOF OF WILL COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) ~; We, Florence I. Clark, ~~ ~% ~ _S ~~ j ~ ~~ / ~(~' _ i ~ ~ (Witness) and ~ ~~~~ ~ i c"_ f~ ~~ .~'/~~~ / ij' ,the Testatrix and the (Witness) witnesses, respectively, whose names are signed to the foregoing Last Will and Testament, being first duly sworn do hereby declare to the undersigned officer that on the ~,, day of .ti , 1997, the Testatrix signed, sealed, published, and declared the foregoing ns ment as the Testatrix's Last Will and Testament; that the Testatrix signed the instrument as' the Testatrix's free and voluntary act for the purposes therein expressed; that each of the witnesses, in the presence and hearing of the Testatrix, at the Testatrixx's request, and in the presence and hearing of each other, signed the Last Will and Testament as a witness; and that to the best of the knowledge of each of the witnesses, the Testatrix was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. ;- .,/ Florence I. Clark, Testatrix "_ • Witn~. Witness SWORN TO AND ACKNOWLEDGED BEFORE ME by the Testatrix, Florence I. Clark, and sworn to and acknowledged before me by ~~ L~~ `~ ~ ~ -~:~,' and i' "~'~-`~-~- i~~ 2 "L, , the witnesses, this ~ day of ~~-~ t 199'7. -~~~ - /: Notary Public /~ My Commission Expires: ~' ' Notarial Seal Pauline T Serfass, Notary Public Milford 1"wp.. Bucks County My Commission Expires Jan. 27, 2001 • Member. Pennsylvania Association of Notaries 9