HomeMy WebLinkAbout06-22-12PETITION 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 request(s) the grant of Letters in the appropriate form:
Decedent's Information
Name: MILDRED R • HARKIN
a/k/a:
a/k/a:
a/k/a:
Date of Death: 5 / 22 / 2012
File No: ~/ ~ ~~' (J /
(Assigned by Regis er)
of
Social Security No: 2>~ 0 4 830
Age at death: 92
Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (State) with his/her last
principal residence at 4905 E TRINDLE ROAD 17055 HAMPDEN TOWNSHIP CUMBERLAND
Street addresa, Post Omee and tip Code City, Torvrahip or Borough Coaety
Decedent died at 4905 E TRINDLE ROAD 17055 HAMPDEN TOWNSHIP CUMBERLAND PA
Street address, Past Office a~ tip Code City, Toweahip or Borough Comfy State
Estimate of value of decedenPs property at death:
Ijdorrdd/ed in PennsyPoaxia ................................All personal property
If not domlcUed In Pennsylvania .............................Personal property in Pennsylvania
/jnot dondtdled in Pennsylvania .............................Personal property in County
Valxe ojrealeatateix Pexnsylvanla ..............................................................
s 112,171.41
TOTAL ESTIMATED VALUE.... S 112 ~ 171.41
Real estate in Pennsylvania situated at:
(Attach additimml sheets, tjnecessary.) Street address, Post Office and lip Code City, Toweahip or Borough Comfy
® A. Petition [or Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) helshelthey is/are the Executor(s) named in the last Will of the Decedent, dated 12 / 6 / 2009 and Codicil(s)
thereto dated
Sate rdevmt eireumsbsta (eg. mraneidton, death ojexecator, eta)
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 bom or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated m incapacitated person.
® NO EXCEPTIONS ^ EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable) __
c.t.a., d.b.n., d.b.n.c.t.a., pendente cite, durante absentia, durante minoritate
If Administration, c.ta or db.n.c.F a, enter date of Will in Section A above and complete list o[ 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(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
^ NO EXCEPTIONS ^ EXCEPTIONS
Petitioner(s), after a proper search hasmave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach
additional sheets, if necessary):
rv
Name Relationship Addres ti
rn
-
,
~
,
=
_
- --
_~ N ~r,T_i
Y .'^ I
i
~~
- _ C~
..J
Form RW-01 rev. l0/1l/3011 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
EGORt' .a :fFF~CE OF
REGlS~" ~. t;,~l~1e,
2~~2 ~~
Official Use Only
Petitioner(s) Printed Name Petitioner(s) Printed Address
RY 511 GALE ROAD ~.~.t"!~' -~
AMP H .~ T 7
R~d ~.~
The Petitioner(s) 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
of Petitioner(s) and that, as Personal Representative(s) of the Deceden the Petitioner(s) will well~and t/r~uly~admin/ister the estate according to la~
Sworn to d d ubscribed before ~~~--'~- Date l ?~
me i > ~? _ Dace
y, ~ _ _ Date
Bl \ .. _ .._ ., ._ _ Date
BOND Required: ^ YES
FEES:
NO
Lgtters ....................... S
((`~"/'~ )Short Certificates(s) ..... .
( )Renunciation(s) ......... .
( )Codicil(s) ............. .
( )Affidavit(s) ............ .
Bond .........................
Commission ................... .
Other .........
Automation Fee ................ .
JCS Fee .......................
TOTAL ......................S
---~
To the RegJster of s~!!s:
Please enter my aDDesrance by my signature below:
Attorney Signature:
Printed Name: DAV D RE
Supreme Court
ID Number: 20868
Firm Name: REALER & ADLER, PC
Address: 2331 MARKET STREET
CAMP HILL PA 17011
Phone: 717-763-1383
Fes; 717-730-7366 _
Email: DWREAGERNREAGERADLERPC•COM
DECREE OF THE REGISTER
Estate of MILDRED R • HARKIN
AND NOW,
satisfactory proof
File No: ~,'-- ~ /~~ ~ ~~/
fiC-~ ,~ ~ , in consideration of the foregoing Petition,
peen presented before me, IT IS DECREED at Lettyt~
are hereby granted to ~_ ~" ' - • L ! i n ~.
,~ l ~ _ in the above estate and (if applicable) that
the instrument(s) dated ~ V L1 V L'IK ~'~Z( G
described in the Petition be admitted to probate and file
Form RW-02 rev. 10/! b2011
__ .~
~~ - 7o r
LOCAL REGIST~ CERTIFICATION OF DEATH
WARNING 3J Cate this copy by photostat or photograph.
~t,15 ~ CN ~ 'i .
Fee for this certificate, $6.00 t I,,,fI~-~~~----- This is to certify that the information here given is
20i2 ~jN 22 pM I ~ ~~p~TH OFpfyyfi correctly copied from an original Certificate of Death
~~ _ ; _ ~'°-= duly filed with me as Local Registrar. The original
°_ 9~ certificate will be forwarded to the State Vital
~~5 ~ u a a~ Records Office for permanent filing.
,,
P 18596663 c~ *~
fNT ~ "I
Certification Number 91M~"""'"id~ N Local Regi tray Da~ Iss ~d~
q/hMt In COMMONWEM111 pf 9FNN3rlVMM. C(PMIMFNf W NGITX. Ni.LL Nf(Op03
Nm.MMI
M l.CR111'1lA1C V-VI:AIN1 ebwFW HWryr;
f. DeMHmYl tpn HHw lfVn, MM}e, WeINe91
I.ba 1. e0[W LawNr Mwbx 9.OW Na.ml (ewN Mel
A~K~ F
2
1
8
,
0
to y
3a Nnq iz zot2.
rWirt lNara
M
lw.l 9wU
.
W
lYwr x.IMMrI e.proN NNNCer/YeKI1swNMwMI ).. w
/t Mwtla O.n rbun MMUtn ~. o--
`f Dice a Z'1 t9tq,,.NNwNnrcewm
4. wrwHp (JWnM Y.N.fl19nw 19peeteM .NeMW MweA k. IM[aMNIMMaTenr~o~
G9nrl ~9Q ?'I ~,~, Wru a.Me.rH eroNM HAMO~QV1 tW9.
M.NNMnq IIM ralel OHe,hw9errt 1.9Hwllxrr wawa mYNwO.
NwN tirr
l i
r.
eHU ro, keMnThw M.nNtl It. eunrM7feww1H.m9 nwN.In. wrr wbm tnHrN.eel
prw xe OMwrwHn ^EN.9rc.d ^H9Vx nyrrHtl ^un _
Ii.f Nxw (fhµ MWN,InIfuIN. 13.Ma i. Hxw F/W rof MMwplrfet,MaNN,Mu
1M.Inrerrrrfnt'. N.M 196 RW1b
M
Ctz e_ H
NroOeceMnt 19<. YHwmM14 Adfrm MrwtfllH ,Sroro, 1
t G. r. .~ .40\\
v
Hpn6 peermJ~tii~MwNIM: tJ~NgnNa
Mr ..:....... ..... ew
.._.... ... .. .........................__
__ .......................
~IIDMt110RMMf9mewMf~GI
TIW
N
••
.l
•. •••••••...........• .............
•
..
t OII/enNMn
iek rwlwH9mei rret bn,/w nnxwnumMr; I
Mr
b
nrNNn
lggyE
t~
Mwn' n
owant'. Name
rmmtxef Otn..
wr
Sec. o'bM w.N~.M ON [e9e
1 .feuMYN0..llr
17D J
k 1M. Ilala Gxn.tlw
^Nm1a.L hwn Srote IW.WroN M. a InemeNmm~xr nxwewy.waper aewl
Owx 1 S-Z3-f fvn-ws >E/4 t2 Gr~w.ajc
3N.leptwn OpwNlbnlM'w ixw,Ib%xM ONI 1]a lunx.l w M
P NMrommnl I]p.lkmM NUmhn
4. t o G
vc elw.n flaw rzzn -~
, n~ G(c'~' S~
3tA ~ I/
ti
.OewwwN. tlrebw wx pen aMNpxtlr 19.dwtlweNMNgMr
Irlllrlx Hllnew MVtl Netlioa Orlan~Onx tlM SO. DewJw['9NKJ~gMOMl 011 NOME rew.to lMkne WMl
9ompNrntlH ww NN
n
b
w
p
.
x
m
x
.x exuwx NHeMrtM eewrMx HHJHa9.rN Cen.MxN MmnNw Mxwnme..
^Mp/fdewlnl
NIwnMHNNpxW/Mnn9. OtM tM'Me' WNNe ^Nw9en
(] Ile MNwne,9M-I1drfM1 hw 11 H.wd.rnb MH eMrrNVHbparb/l.Xrq. elxkw JMMn Amnl
J
r
n ^ VN4Mnw
~MprfneNNewHrowOEO wnNMN Ip~'x'.-M3MaHNNM.ar/l+tlne QMwrldnlw4n erMwM HerM DOtlrr.eWn
O eenH mwa. mal. plHw1911w
LITn.Mxbn,MnlMn Mwriun, G4.rre ~etW lnHlln ~MxM Newewn
^~e.P..Iea M, M) DYx
wnrro Nken
,
luWn ~~" ^fw.m.NMwCNmwrp
^Iw6MfHArw Iµ M, M, l51 ^rn
.
0~~''HpwI.J.Mti ML MErM, MEH, M3W,MMI fir.., aeon Swa.NMNwnWMwn ^HIINMe ^sfineerr
q Decw9ro hJ.9h9.fnlwwNwlewleyrw ~~'°'AM° Oanx vxMC Mentlw
ITVxHrI (7 apn 19welhl
• Mo oru Io
]l. .SwNeIMw 'OeNneHan~OM39 Olllr OlRrowtlbl. tli. d.otlent <erHltlerM MrrMllw ro aL.pwylrYl UbHIOxwIbn~Mdk.ntyw NHeH
~
Q
MtlaMrlun AmHltan ^fan~ QOUerPNMe1WM.l tlwH MMyngtNWNMw Ne. 00 HOT 113E efrINFO
^NM11WrMl.nwJl.i. WHr QVMINmeEe QdM'1 Nrw/Ne[tNe 1 ~ ~ VC T
Q A.Im hrnM ~ Dww Alien ^ NMUMH
:
NVn «
.
wtn
,
O ~.. ^ neNre wH.Mn D aa.r (sIHHN'I
yl
// LL
orJwNO OfNHwnl9nwcMmeme 1?ta.( t1 (F'7~
N A.ONe a oar
nrwuew~ rNaHaNNIa oN
~.,~
~U~~ eGJ /97~
°
:.e j
.
,
nf(/V Cf/r
A(
~2x1~'/L
I :.
.
a9.Wtl M9eIwI EeHNmwfnrwwCwrb[Mtl] O Yu
aVSE bF DEaTH
3a. M 6 FMx tNfEYpgp~Oy-Nwln.InMMS a mmew+mnt-Mn E 60wwNnNe
pntl,wwed[hv lwlM
00 NOT
M
N
.
e
er Mm
M ewnN.udin Mawz aline 1 IM9ryH:
n.arNar9nM wrmMlNV rorwetlm.nMM
.peHlrw HN n
blary.
00 N
0
1
.1YNFMATF. 41Mr WyeM CWMen.Yw. bd.ddMlewllMnHrHmury j MMe le 0.NM1
/
~
~
,f
1
IMMEOMTE GIIY _..._, Nan-'1 ~•'9~~f~ r'Y Vh
~ a ,
M0.'/i
IHna dNwewoznbHwr OrH to lw..acorupww .'-~
reafNry M 9wM) i
b
~1e^nNr wt rwNlpwa ow w Iw H. wnfeewrMe elf:
N HH.NMml weM rxue
eH.em Yw.. [new lM
c
UNOlalraN (JJHa
Ou. tolorxa wnMewM. ell:
(Hlw.w MNxytM
MNn.tl tlM event. mrHUy tl.
MENM1lKT. pHle lwx.ww9wwa al:
If. Halt p. fMxellw1 put nw roWxn9ln Hrt wANNMwun IMn In M I
t], WieMMONw
O 4J1 /
Nyp
~h
1 Ir d!'''Ar~ ~1"c~ ze. w.nwroMr Mllbpll
m eanNxe the MUMNHMwr
3 9. nfwwyylI~~ 3p. Hltl Tebxw Up CwnnwrterowfM] 31. Menwr Yn Me
Q'Ma wynmtwnfnlHlt r9n ^rM
f
p
~~ IgJwl~i.l Q HunNW
^ Fr41MntNwn.ab.M O M
X ONa wgnwt,pw wexynt WNnMRMNNtlwIM1 OJaleenl ONentlNil M.arryekn
O HN GrMwM,bN esprit le dnstat Yxr pelwe JwM 3i. M.alawylMe/OfY/Yr113WMMOMtl1 ~SUkle. Or°"M ^et b9 MtfnllMMtl
~ Urwmxn HprywM wtlfn mepw Y.x
le. Tme NInNry
H. Mx9N MNry1N. name: m.WUCtbn Hre; Nrnn.dreal 35. Lacxlon alMury InrM.rlH HwrMr, IXY, Stn., xe <otlel
3 J InNnYx Wert 3].HTrwHNM.11.n lNury, M.Oxnlh.~e9ury0~rr9tl:
^ ~ O OrNHr/o9eYltw O wM.MM
O M O M1r.xilx p otlHr (bpayl
ri e. IareNwN we:
6~exal,Ma NnraHw-Te tM MnNw] Yrra.Yye. NxM owwM M t9 HH <fuMa me m.r.rH.rotN
O fnM9WitlrMe(NINNIry NmbMn ~Te tlH pm Nmy ammtl ntn. tMne.Mq,ep M9w,.wltlw totM wu.N.l+nO mfMHfeMW
O walnlfwn+ne./taronn-onH»w
a
.
Mwnwtan.In nn maon.exen wcrrr.axue ever.aw, ma ww..na a.mtn. wwNtl ene m.nnermNe
avww.awmm.: mNNwnnw: /`+4 uww.Hwa.r:M4 GYP+Il-L
.lines, 3dtlra.w nN C9NNfxnn eNW txwawmnrom wl
mo
""' /~'
Gt
~~1
/%'~ /'~ 9x.wn. elor.dl nrl
t
f.~
.v f
.i 7. /-~• L>, toiL
1•al~ ~ J
9l
. RmwMmm~ ,, ~ J,ol~,
DNCOHtIm OermM Ne Ilry 0)/Mll
%- 701
dlblSamWwr wills\harkinm.will.new
October 27, 2009 ,~r
LAST WILL AND TESTAMENT ~ ,~ ~'.' ~ ^
~:~ rv -~ w
cr>:=: N
MILDRED R. HARIf{IN
._. «~
1, MILDRED R. HAR][{IN, of Mechanicsburg, Cumberland County, Pennsylvania, brig of
sound and disposing mind, memory and understanding, do hereby make, publish and declare this my
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime
heretofore made.
1. FAMILY.
1.1 Identification of Family. I declare that I am married to HUGH J. HARKIN, and that
there are no natural children of this marriage; however, by Court Order dated June 23, 2009,
MARY JANE CECKA has become our daughter through adoption.
1.2 Definition of Family Terms. As used in this Will, the term "my spouse" shall mean
only HUGH J. HARKIN.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the
expenses of (1) a cremation with memorial service; (2) the internment of my cremated remains,
including the costs of a burial site, if necessary; and (3) the installation and inscription of a
suitable marker at, and perpetual care of, the site. I further direct my executor to pay all of my
debts that my executor in his or her sole discretion may allow as claims against my estate.
3.
4.
SPECIFIC BEQUEST. I give and bequeath all of my jewelry to MARY JANE CECKA.
DISPOSITION OF TANGIBLE PERSONAL PROPERTY.
4.1 Disposition to Spouse. I give all of my tangible personal property of every kind and
description, including, but not limited to, books, pictures, clothing, articles of household or
personal use or adornment, household furnishings and effects, and automotive vehicles and their
accessories, but excluding any money, evidences of indebtedness, documents of title, and
securities and property used in connection with the operation of any trade or business, to my
spouse.
4.2 Alternative Disposition. If my spouse does not survive me by more than sixty (60) days
after the date of my death, and any of the hereinafter named persons survive me, I direct my
executor to divide my tangible personal property into two parts. The first part shall contain all
items that my executor determines, to be of no present or future value or use to MARY JANE
CECKA. The second part shall contain the balance of the property. My executor shall dispose
of the first part by sale, abandonment, destruction, or gift to any charity or person. The proceeds
of any sale shall be added to my residuary estate. All property in the second part I give to
MARY JANE CECKA. In the event MARY JANE CECKA does not survive me, all my
property in the second part I give to Mary Jane Cecka's husband, VLADIMIR CECKA. In the
dlb\sam\dwr wills\harkinm.will.new
Odober 27, 2009
event VLADIMIR CECKA does not survive me, all my property in the second part I give
equally to my granddaughter, CAROLINE CECKA.
Any item of personalty passing to a minor under this Article 4.2 may be delivered to the minor or
to any person to hold for the minor, as my Executor thinks advisable, and the receipt by any such
persons, including the minor, shall constitute a full and complete discharge to my Executor.
5. RESIDUARY ESTATE AND APPOINTMENT OF TRUSTEE
5.1 Disposition to Snouse. All of the rest, residue and remainder of the property that I own
at the time of my death, both real and personal, and of every kind and description, wherever
situated, to which I may be legally or equitably entitled at the time of my death (my "residuary
estate"), shall be held IN TRUST for the benefit of my spouse, if he survives me, as follows:
5.1.1 My trustee shall pay to or apply for his benefit so much of the net income from
the trust as my trustee shall deem necessary or advisable to provide for his
support, maintenance and health. My trustee shall accumulate any income not so
distributed and shall add the same to principal at least annually.
5.1.2 i authorize my trustee to pay or apply principal of the trust, at any time, to or for
my spouse's benefit, even to the point of exhausting trust principal, in such
amounts as my trustee, in its absolute discretion, deems necessary or advisable to
provide for his support, maintenance and health. In determining the amount of
principal to be disbursed, my trustee shall take into consideration any other
resources available to him.
5.1.3 Upon my spouse's death, all of the trust assets remaining on hand shall be
distributed to MARY JANE CECICA. If MARY JANE CECKA is not living at
the time of the trust distribution then to CAROLINE CECKA.
5.2 In the event my spouse is not living on the sixtieth (60) day after the date of my death, I
leave all the rest, residue and remainder of the property that I own at the time of my death, both
real and personal, and of every kind and description, wherever situate, to which I may be legally
or equitably entitled at the time of my death (my "residuary estate") to MARY JANE CECKA.
PROVIDED THAT, if MARY JANE CECKA shall predecease me, then I leave her share to
CAROLINE CECICA. PROVIDED, however, that if CAROLINE CECKA shall then be
under the age of twenty-two (22), my trustee shall hold her share in a separate trust for her
benefit, to be administered and distributed as provided in Article 5.3 below.
5.3 Pursuant to Section 5.2 above, in the event CAROLINE CECI{A is under the age of
twenty-two (22) years, her share shall be held IN TRUST, and my trustee shall invest and
manage any such monies in a separate trust and make distributions for the benefit of
CAROLINE CECKA as follows:
2 ~~~ ~ ~~/~~~
Mildred R. Harkin
dlb\samWwr wilts\harkinm.will.new
October 27, 2009
5.3.1 My trustee shall pay to or apply for her benefit so much of the net income from
the trust as my trustee shall deem necessary or advisable to provide for her
support, maintenance, health and education (including higher or special
education). My trustee shall accumulate any income not so distributed and shall
add the same to'principal at least annually.
5.3.2 [authorize my trustee to pay or apply principal of the trust, at any time, to or for
the benefit of such child, even to the point of exhausting trust principal, in such
amounts as my trustee, in its absolute discretion, deems necessary or advisable to
provide for her support, maintenance, education and health. For example, but not
by way of limitation, my trustee may pay or apply trust principal, in my trustee's
absolute discretion, for basic maintenance and support; elementary or secondary
education; post-secondary technical or vocational training; college, postgraduate,
and professional study; and assistance in connection with marriage, acquisition
and furnishing of a home, and commencing a business or profession. In
determining the amount of principal to be disbursed, my trustee shall take into
consideration any other resources available to her.
5.3.3 Upon CAROLINE CECKA reaching age twenty-two (22), the trust shall
terminate and my trustee shall distribute to her all of the trust assets remaining on
hand.
5.3.4 If CAROLINE CECKA dies before reaching age of twenty-two (22), my trustee
shall distribute the trust principal equally to my nephew, MICHAEL
McKENDRICK of Bradenton, Florida, and CATHOLIC CHARITIES OF
VENICE DIOCESE of Venice, Florida.
5.3.5 If at any time my trustee in its discretion determines that the size of such such
beneficiary's trust share does not warrant holding such share in trust, my trustee
may, in full discharge of its duties herein, without formal court accounting, pay
the remaining principal and income to the Guardian of the person of such
beneficiary or may deposit it in an interest bearing or investment account in the
name of such beneficiary, payable to the beneficiary upon obtaining the age of
twenty-two (22), or such earlier age if my trustee deems appropriate, and upon
such payment or deposit the trustee shall be relieved of all liability in connection
with such fund.
5.4 Trustee's Jud>?ment Final. The judgment of the trustee as to the amount of payments or
applications of principal or income pursuant to this Article shall be final and conclusive on all
persons interested, or who may become interested, in the trust estate. On making any payments
or applications of principal, the trustee shall be fully released and discharged from all further
liability or accountability.
I
3
Mildred R. Harlon
dlb\sam\dwr wills\harkinm.will.new
October 27, 2009
5.5 Aonointment of Trnstee. I appoint MARY JANE CECI{A, as the trustee of the trust
created herein for the benefit of my spouse. In the event MARY JANE CECKA is unable or
unwilling to serve as trustee, then I appoint DAVID W. REAGER as the alternate trustee of said
trust. I appoint DAVID W. REAGER as the trustee of the trust set forth herein for the benefit
of CAROLINE CECKA, should such trust be created.
5.6 Spendthrift Provisions. No beneficiary of this trust shall have any right or power to
sell, assign, convey, mortgage, pledge, anticipate, hypothecate, or otherwise dispose of any right,
title, or interest that the beneficiary may acquire in the income or principal of the trust estate
until the income or principal has actually been paid over to the beneficiary by the trustee. Nor
shall the income or principal of the trust estate, or any part of it, or any interest of any
beneficiary under this my Last Will and Testament be liable for, or to any extent subject to, any
debts of any kind or nature incurred or contracted by any beneficiary, either before or after my
death. Any right granted to a beneficiary to receive or withdraw assets of the trust estate, either
principal or income, for the beneficiary's own .use and benefit shall not be available for the
satisfaction of any claims of the creditors of the beneficiary. Any right of receipt or withdrawal
shall be suspended and may not be exercised by any beneficiary on the filing of a proceeding in
bankruptcy in which the beneficiary is debtor. The suspension shall be continued during
bankruptcy proceedings and shall be restored only after the entry of a final order of discharge of
the beneficiary as debtor.
6. POWERS OF ADMINISTRATION.
6.1 Grant of Powers. My executor, in the administration of my estate, and my trustee, in the
administration of the trust under this Will, (my "fiduciaries") shall have the powers and
authorities set forth in this Article 6. These powers and authorities may be exercised by my
executor and trustee in their sole and absolute discretion, without the permission or order of any
court. These powers shall be supplementary to those conferred by law, including, but no't limited
to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes.
6.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property of
my estate or trust, however received and acquired, for so long as they deem appropriate. This
power may be exercised even though the property may not be of the type authorized by law for
investment, and even though the retention may leave a disproportionately large amount of the
value of my estate invested in one type of property.
6.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any
property, of whatever nature, including real property, and wherever situated, that I may own at
the time of my death, or that may come into my estate or into the trust corpus at or after my
death. The sale, transfer, or conveyance may be by public or private sale, at such time, on such
terms and conditions, including selling price and credit, in such manner, and for any reason that
my fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net
proceeds to be distributed to my residuary beneficiaries.
~~~
dlblsamldwr wills~harkinm.will.new
October 27, 2009
6.4 Investment. My fiduciaries shall have the power to invest and reinvest any property in
my estate or in the trust corpus in preferred and common stocks, bonds, notes, common trust
funds (including any managed by any corporate fiduciary), interests in investments, trusts,
mutual funds, leases, mortgages on property wherever located, and, generally, in any property
and in proportions of property as my fiduciaries deem advisable, even though the investments are
not of the character or proportions authorized by applicable law for the investment of the funds.
6.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem advisable
(including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or
otherwise encumber any property in my estate or in the trust corpus to secure repayment of any
loan, as well as the power to renew existing loans either as maker or endorser.
6.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
6.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended,
or other applicable law, and to determine which assets shall be sold and which shall be
distributed in kind, without notice to or consent by any beneficiary.
6.8 Distribution to Minors and Persons Under Disability. My fiduciaries shall have the
power to make distributions or payments to or for the benefit of any beneficiary who is a minor,
an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or
payments shall be made in any one or more of the following ways: (1) directly to the
beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3)
to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor
beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors,
including to my fiduciaries in that capacity; or (6) to any other person who shall have the care
and custody of the person of the beneficiary. There shall be no duty to see to the application of
funds so paid, provided due care was exercised in the selection of the person to whom the funds
were paid, and the receipt of the person shall be full acquittance of the fiduciaries.
6.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or unincorporated, in which
I may have any interest at the time of my death for any period of time, or to liquidate the
business on any terms as they deem appropriate. This power includes, but is not limited to (1)
the power to invest additional sums in any business, even to the extent that my estate or the trust
corpus may be invested largely or entirely in the business, without liability for any loss resulting
from lack of diversification; (2) the power to act as or to select other persons to act as directors,
officers, or employees of any business, to be compensated without regard to being a fiduciary
under this Will; and (3) the power to make any other arrangements in regard to any business as
my fiduciaries shall deem proper.
5 ~ ~~
Mildred r n
dlblsam~dwr willslharkinm.will.new
October 27, 2009
6.10 Employment of Aeents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment
counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries
deem advisable in the administration of my estate.
6.11 Commissions. My fiduciaries shall have the power to take reasonable commissions on
account at any time during the administration of my estate or of the trust without the approval of
any beneficiary or of the court, but subject to allowance or disallowance on the settlement of the
final accounts of my fiduciaries.
6.12 Third Party Reliance. No person or corporation dealing. with my executor shall be
required to see to the application of any property paid or delivered to my executor, or to inquire
into either the authority of my executor to enter into any transaction or the expediency or
propriety of any transaction entered into by my executor.
6.13 Allocation of Principal and Income. To allocate receipts and expenses to principal or
income, or partly to each, as my Trustee thinks proper.
7. PAYMENT OF DEATH TAXES.
7.1 Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable
as a result of taxes assessed on property passing under this Will shall be paid from my residuary
estate as a part of the expenses of the administration of the estate.
7.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of
my death, limited to taxes assessed on property passing under this Will, shall be paid out of my
residuary estate and shall not be deducted or collected from any beneficiary under this Will or
other transferee.
8. EXECUTOR.
8.1 Anoointment. I name, constitute, and appoint MARY JANE CECKA as executor of
my estate. If MARY JANE CECKA shall not survive me, shall not serve as executor for any
reason, or shall cease to serve as executor for any reason after appointment, VLADIMIR
CECKA shall act as executor in her place. If VLADIMIR CECKA shall not survive me, shall
not serve as executor for any reason, or shall cease to serve as executor for any reason after
appointment, DAVID W. REAGER shall act as executor in his place.
8.2 Bond Not Required. None of the individuals named in Article 8.1 shall be required to
furnish a bond for the faithful performance of his or her duties as executor.
6 ~ ~ sf~
Mildred R. Harkin
dlblsamWwr wills\harkinm.will.new
October 27, 2009
9. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH.
For the purposes of this Will, in determining whether a person has survived me or another
person, (1) my spouse shall be deemed to have predeceased me unless it unmistakably appears
by proof that he survived me; and (2) in all other cases, a person shall not be deemed to have
survived me or another person if he or she dies within sixty (60) days of my death or of the death
of the other person.
10. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of law
or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary
under this Will, or to any other persons, except through actual fraud or willful misconduct on the
part of the executor. My executor may, from time to time, consult with counsel with respect to
the meaning, construction, and operation of this Will, particularly with respect to the
appointments, allocations, and disbursements, and may act on the advice of counsel in all matters
without incurring liability on account of his or her actions.
11. INTERPRETATION.
11.1 Will Not Contractual. My spouse and I are executing Wills at approximately the same
time, in which each of us is the primary beneficiary of the Will of the other. These Wills are not
being executed pursuant to any contract to make a Will or any contract not to revoke a Will. The
Will of each of us is revocable at any time, whether before or after the death of the other spouse,
at the sole discretion of the spouse making the Will.
11.2 Successors of Fiduciaries. All pronouns referring to an executor and the terms
"executor" shall be construed to mean any person acting as my executor, co-executor, co-trustee,
or administrator, as the case may be.
11.3 Number and Gender. If required by the context of this Will, singular language shall be
construed as plural, plural language shall be construed as singular, and the gender of personal
pronouns shall be construed as either masculine, feminine, or neuter.
11.4 Headin¢s. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be construed to be a
part of this Will.
/._~
Mildred R. Harkin
dlblsam~dwr wills~harkinm.will.new
Odober 27, 2009
11.5 Governin¢ Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of eight (8) typewritten pages, the first seven (7) of which bear my signature in
the margin for the purpose of identification, this~_ day of ~OU~,tnt~l?.~' , 2009.
MILDRED R. HARKIN, TESTATRIX
Signed, sealed, published and declared by the above-named Testatrix, MILDRED R. HARKIN,
as and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight
and presence and in the sight and presence of each other, have hereunto subscribed our names as
.~a a
~zc
%1~ ~q . / °7 c i r
8
dib~samklwr wills\harkinm.will.new
October 27, 2009
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND )
SS.
I, MILDRED R HARHIN, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE FOREGOING
INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY
ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND
TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND f~~KNOWLEDGED BEFORE ME BY MILDRED R. HARHIN,
THE TESTATRIX, THIS ~ DAY OF Iy ~~Cf, 2009.
COMMO_, W~EA rH F PENN8Y4VANIA
Nohrlal teal
Deborah L. t;ronnemen, Notary Publle
Camp Hul t3aro, Cumberland County
My Commission Expires June 18, 2070
Memt»r, Penneylvenla Assaelatlon of Pbtariea
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS.
R,y,
WE, 1~IGKLU~x- ~~~'~1 AND ~L~n~ ~~-~
THE WITNESSES WHOSE NAMES RE SIGNED TO THE FOREGOING INSTRUMENT, BEING ULY
QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE
AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL AND
TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED iT AS HER FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO THE
BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS
OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFO E ME, THIS W D OF 'v ~ •,
2009.
I
COMMO LTH N YLVANIA ~
Npterlel $eel
Deborah 4. Bnn+hemen, Netary Public
Camp Hui 9aro, Oumberland County
My Commission ExDiros June 18, 2010
Member, Pennsylvenla Aasalatlon Notaries
TARY PUBLIC
9