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Home My WebLink About07-18-12PETITION FOR GRANT OF LETTERS COUNTY, PENNSYLVANIA REGISTER OF WILLS OF CUMBERLAND 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 File No: ~1- ~ `~ ~ t~ l Name: M i l d r e d B• L a b o d a (Assigned by Register) a/k/a: a/iva: Social Security No: 191-28-1010 a/k/a: ,Age at death: 77 Date of Death: 7 ~ 7 ~ 2 D 12 State with his/her last Cumberland County,Pennsvlvania - Cumberland Decedent was domiciled at death in M e c h a n i c s b u r county 634 Cedar Rid a Lane 17055 principal residence at city, Township or Borough Street address, Post Office and Zip Code P A Dau hin 17112 H a r r i s b u r county state Decedent died at C• C• C r o x t o n H o s ice c;;y, Township or Borough Street address, Post Office and Zip Code at death: $ 10 , D D 0.0 D Estimate of value of decedent's property • , , , , , • ....All personal properly If domiciled in Pennsylvania .................... to Pennsylvania $ .Personal property • If not domiciled in Pennsylvania .................... • • • ... • „p~onal property in County $ ....... $ BD,ooo•oo If not domiciled in Pennsylvania ............... .•...•••••.,••......,...,...•._••••..,,,,...... 90,000.00 Value of real estate in Pennsylvania •• • • • • • • • • • ' ' ' ' TOTAL ESTIMATED VALUE.... $ ~ _ ~ J L (U.55 11O`-"`"•.---- - County 6 3 4 Cedar Rid a Lane c;;y, Towuship or Borough Real estate in Pennsylvania situated at: Street address, Post Office and Zip Code (Attach additional sheets, if necessary.) . , n i ~ n 1. n and Codicil(s) ® A. Petition for Probate and Grant of Letters Testamen ary Petitioner(s) aver(s) he/she/they is/aze the Executor(s) named m the last Wtll of the Decedent, dated 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 dtvora divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ®NO EXCEPTIONS ^ EXCEPTIONS not a party pending p; a child boor ~ t` C - ~ ,r ~ ._. ~ -, rz v~~ licable) • e.t.a., d.b.n., d.b.n.c.t.a., pendente life, durant ~ttia, dura~minorifate~; ^ B. Petition for Grant of Letters of Administration (if app ~j~C-' of Will in Section A above and com lete liaT"al~eirs. ~ `n c'T7 If Administration, c.ta. or d.b.n.c.xa., enter late follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been~ablished as died Except as in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitat person. Page 1 of 2 Form RW-02 rev. 10/L l/20/ l ^ NO EXCEPTIONS ^ EXCEPTIONS nor;r;nner(sl_ after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND } SS: } Petitioner(s) Printed Name ----- Official Use Only ~ I ___ --- Petitioner(s) Printed Address 325 East Meadow Drive _-- PA-17055 The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition aze true and correct to the best of the knowledge and belief of Petitioner(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 r affirmed an uescribed bef e _ Y~ ~ ~ met ' ay of ~,~~ -- '~~~ ~ a ` --- Date ~f _~- By. _ ~. _ ~y-~--- Date -- ~~-- For the Register --- __ Date ---- -- -- -- ---- Date ---- ---- BOND Required: ^ YES ®NO FEES: Letters ....................... $ ~1 V•~U ( ~' )Short Certificates(s) ...... ~ ( )Renunciation(s) .......... __-_ __ ( )Codicil(s) ......... _ ( )Affidavit(s) ............. _ Bond ......................... _ Commission .................... .__ Other _ _ ~'+~I---- ---- ......... ~-- ~-_ Automation Fee ................. R~ ~j ~iJ JCS Fee ....................... - ~ .f,~~ TOTAL ......................$ ~ ~-~ To the Register of Wills: Please enter my appearance by my cY N ~ t:.._ rr; tom- r. Attorney Signature: ~'~ _ OD ~ Printed Name: David W. Reaaer__ --~- t~ _____ Supreme Court ------ ID Number: 20868 i Firm Name: Reager 8 Adler, PC Address: 2331 Market Street Camn Hi11 - ---- -___-_- PA -17011_ Phone: 717-763-1383 Fax: 717-730-7366 -----_------ --- Email: DWReaaeraReagerAdlerPC.com ---- -- DECREE OF THE REGISTER Estate of Mildred B. Laboda __ ' ^/ /. /,~ a/k/a: --------- File No: -~ / ,~t " - -- AND NOW, ~ u 1~_- ~_ti _ , 2 012 -- - , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters T e s t a m e n t a r y___ -------- --___ are hereby granted to Jane-L • Hawbecker ----- - - _- -- -- --- -- _ ----- - in the above estate and (if applicable) that the instrument(s) dated J a n u a~ 18 , 2 010 _ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~ ~ ( ice' ~ -~ egister of Wills ( y'~, ~ y /? ~j ~y~ FormRW-U2 rev. 10,7//201! `i1"~J{.I l~ ~1 ~~~~ Y~ age 2 of 2 LOCAL REGISTRAR'S ~;E `IICATIO O ,.R WARNIQ~i~.$~~~~$~{S~ p~Alic~#c it~l~ ~~;~a b ~- f,, .f~~~~ `"~' .~,~ ~ ~' Y ~5hr~t[s~~.~~ car 1~~;- i~~, ' ~~~va ~ ! ; ~i~ , Fee f(+r this cert(fir,tl°, `sb.OO ?~i2JU~l. 18 A~ill~ 0~ ,,~~, „ +,. ~ _:l 1, ... l , ~,~ ~ I ~ i;~ I~ .~~,. ~. 'Y'. ill i. ' ii' + I )t ... ata~v~,i///_~~tm.3 f- , C7. ~'~. S~;I ~ t (fit ti, al r ( ,. V 1/~UI { " * jA+ ~ _ ~ ,l t . ~ i. , 1 I, I jl . ~ . _ \. 11 ~ 1 ~[:. ~ ;:-; ~ ~'~ ~~ ~ +' Certitication :'dumber ` ~~'~tNt i~ 4"'~"' ~(J~ Q 9 z~~~ ~'-` ,,,I --- ' TYPe/Print In ~ I 1 `~( ~ +' Permanent COMMONWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH .VITAL RECORDS Black ink CERTIFICATE OF DEATH i. Decedent's Legal Name (First, Middle, Last, Suffix) Mildred B _ Laboda 2. sex 3. Social Security ryumber5fa[e File Number: Sa. Age-Last Birthday (Yrs) Sb. Under 1 Year Pamal "~ C~ 1 4. Date of Death (MO Da Sc. Under 1 Da - 2 8- 1 O 1 O / Y2 r) (Spell M 6. Date of Birth aJU l y "] Z 2 O -' °) '7 '7 Months Days Hours Minutes (MO/Day/Year) (Spell Month [ ;lam'' Feb _ 23 , '1 935 ) ~~i~f~cesltY~arreF°~ oun ry) 8a. Residence (State or Forei Ifrt C [ gn Country) 8b. Residence (Street and Number - Inclutle Apt N 7b. Birthplace (County) ' H Penna . 6 3 4 Cedar °) 8c. Did Decedent Live in a Township? Lu z erne Sd. Residence (countY> Me chaniesburg,JpALa ne ~ Cumberland decedent livedln Upper A11en B. Ever in US Ar Forces? B°. Residence (Zip Code) [wp Q Ves 10. Marital Status at Time of Death ~ No, decedent lived within limits of o ~ Unknown ~ Divorced 0 Married idowed 11. Su rvivin 5 city/boro. 12. Father's Name (First, Middle, Last, Suffix) 0 Never Married Q Unknown g Pouse's Name (If wife, give n e prior to first m Sage) star Barrou7c 13. Mother's Name Prior to First Marria am arr 14a- Informant's Name Ange 1 i. ne ge (First, Middle, Last) e .Jane b2 G'k2r 146. Relationship to Decedent 14c. Informant's Mailing Ba Od12 and Numberi Sty, State, Zip Co G daug ~ If Death Occurred ' ~~~" W"""""--~- - In a Hospital: tw """-" ""'-°-°------- 16Oa_- Place o oeac 3 2 5 E M LJ Inpatient •..'..'•....•.......... tad . ,Met anic .~ ~ Emergency Room/Outpatient elf Death Occurred So mewherecOthe~Than a Hospital O _ __ _ _ I ~ Dead on Arrival ~ 'W""'- r _ _ _ 15b. Facility Name (If not institution, give street and _ Os Pice ~~~~ S _ ............ iY ..-++.. z C number; ° ~ Nursing Home/Long-Term Care Facility Fatll y ~~-"' _ C _ Croxton i5c. City orTOwn, State, a Other (Specify) LJ Decedent s H ~~ " ome~ 16a. Method of Dis HOSPI CO RaS_ ^d ZIP Code pPSi[iPn p Burial p o-emauPn Susquehanna TWP _ lsd. co°ntyPf Death Removal from State ~] Donation 166. Date of Disposition 16c. Place of pis a uPh 1 n "- 0 Other (Specify) .Tu 1 y 9 . 2 O '~ Position (Name Pf cemetery, crematory, or other place v 16tl. Location of Disposition (cty orTOwn, state, 2 Hol t ingar Cremator ) a Mt _ Holly andzlp7 i Ignat°reofFy,f,e Y SPr ing s , pA'1 7 O 6 5 L~ ral Service Licens r Person in Charge of Interment iZb. License Number 0 17c. Name and Complete Address of Funeral Facility ~ ee o ~ 3 ~ 6 3 -L Musselman FH&CS 324 iH. Deredents Educavon - cheek the box that best describesHumm DledAvels LamO rie pA highest degree or level of school completed at the [line of death. box Shat best describes whether the decedent , ~ O 4 3 ~ 8th grade or less Panic Origin -Check the 20. Decedent's Race -Check No diploma, 9th grade ' / the de ONE OR MORE race indicate what - 12th s Spanish Hispanic/Latino. Check the "N O" CO^sidered himself or herself to be. H~gfre hoot g C deuate or GED completed box if decedent is not Spanish/Hispanic/Latino. [] KoreantO ~~ college r dit, but no degree ~ No, not Spanish/Hispanic/Latino 0 Black or African American ~ Associate degree qS ~ American Indian or Alaska Native Vietnamese ~ Bachelor's de (e g qq, ) O Yes, Mexican, Mexican American, Chicano Q Asian Indian ~ Other Asian gree (e.g. BA, qg, gS) ~ Yes, Puerto Rican Q Master's degree (e.g. MA, MS Q Yes, Cuban ~ Chinese ~ Native Hawaiian Doctorate MEng, MEd, MS W, MBA) Q Yes, oth ~ Filipino Q Guamanian or Cha mono (e.g. PhD, EdD) or Professional degree er Spanish/Hispanic/Latino ~ Samoan e. MD DDS, DVM LLB JD (Specify) ~ Japanese Q Other Pacifc Islander 21. Dec s Single Race Self-Desl O Other (Specify) hits Snatton -Check ONLY ONE to indicate what the decedent considered himself or herself Q Black or African American ~ Japanese 0 Samoan to be. 22 a. pecedent's Usual Otto ~ American Indian or Alaska Native ~ Korean Q Other Pacific Islander done Burin gau° -Indicate type of work ~ Asian Indian ~ Vietnamese g most of workin life nD0 NOT USE RETIRED. Q Chinese Q Other Asian O Don't Know/Not Sore Q Native Hawaiian ~ Refused Program manager ~ Filipino ~ Guamanian or Cha mono ~ Other (Specify) 226. Kind of Business/Industry ITEMS 23a - 23d MUST BE COMPLETED 2 a. Dat Pronounced Dea Nava 1 BY PERSON WHO PRONOUNCES OR d (MO/Day 23 b, i ature DePOt CERTIFIES DEATH LJ f PQ}.son Prof~'{~cing Death (Only when a 23d. D e Signe (Mq/Day/yr) (~/_ pp, _Ilcablel 23 Number . Time a lY-~- L`L/-J7/_`_// LJ 2 .Was Medical Examiner or Coroner Contacted? I ns~~~ 26. Part I. Enter the chain of a CAUSE OF pEATH O Yes ~ res irato gents--diseases, injuries, or tom pl(cations--that direct) P ry arrest, or ventricular fibrillation w thout show Y caused the death. DO NOT en _ g the etiology. DO NOT ABBREVIATE. Ent ter terminal events such a Approximaf IMMEDIATE CAUSE ~, er only one cause on a line- gdtl additionald linesrifenecessary e Interval: (Final disease or condition - ~~ ~C~~R ~ Onset to Death resulting in death) p t ( on ~f ~~~~ r~P ' ~ YL I. sequence of): - ~.;_-__,____ (~/ ~ ~ ~ _ Seq uentlally list conditions, b -~ ~T1~/ c ~~-_ - if any, leading to the cause Due to (or listed on Ifne a. Enter the as a consequence of): UNDERLYING CAUSE - (disease or Injury that c Due to (or sequence of): - Initiated the events resulting d as a con in deafh)LAST. V Due io (or as equence of): t_~J 26. Part II. Enter others n'fic t cond't' a cons -- t -b tt t d h but n ~ of resulting in the underlying cause given In Part 1 v 2]. Was an autopsy perfo Yes 29. If Female: 28- Were autopsy findings to co available V of pregnant within past year 30. Did Tobac o Use Contribute to DeathZ I P e[e the cause of death? Pregnant at time of death Yes c 0 Probably 31 Manner of Death ~ Yes [~"-7t ~~ D No m ~ Not pregnant, but pregnant within 42 days of death ~"'t -o [] Unknown tural Q Homicide ~ Q Not pregnant, but pregnant 43 days to 1 year before death Accident ~ pending Invests Q Unknown if pregnant within the past year 32. pate of Injury (MO/Da ) ( pall Month) 0 Suicide 0 Could not be Bete rlmined y/Yr S 34. Place of Injury (e.g. home; constru c[ion site; farm; school) 33. Time of Injury 35. Location of Injury (Street and Number, City, State, Zip Code) 36. Injury at Work 32. If Trans portation injury, Specify: Yes 0 priver/Operator 0 38. Describe How Injury Occurred: v ~° ~ Passenger Pedestrian Q other (Specify) 39 Certifier (Check only one): ----------"- ` ~rtifying physician - To the best of my knowledg death occurred due fo the cause(s) and m ~] 0 Pronouncing $ Certifying physician - To the be f m Q Medical Examiner/Coroner - On the basis of Y knowledoge, death occur a^^er stated ation, a d red at the time, dare, and place, and due to the cause(s) and m n / Investigation, in my opinion, d atFt o r stated Slgnatu re of certifier: - i/ ccurred a[ the time, date, and place, and due to the tau 39b~ Y~e, Adtlress and Z(p Gode of Pers n C Title of certifier: /- ' se( ) an e ~G YV~V r1/ ~ /~ d m ~T / ~ 5 plating Cause of /Death (Its 72--6~) ! License Ntam bar: ( ~~ --( J~ /f' ~1~ e 40. Registrar's District Number 1 D o ~ ~ /V L/ T---jf~1/~t S'fYY //6 39c. Date Signe ~`z) al. Re ~ rT~tti`/^~c~jV. yJ ~~7 O °/pay Yr) gistrars s attire ~~/ ~ 43. amendments i _ ~ /' 42- Registrar File Date (MO/Da O Y/Yr) ~~ S ~o: o i L Disposition Permit No.- CJ ` ~ ~ ~ / Q Hinc_ Y:\Clients\Laboda, Mildred B\Wi11.2009.doc January 5, 2010 ~ ~~ -~, ~ LAST WILL AND TESTAMENT T ~ `~ r•_ ~J --- ~ ~ -~; ., :: OF n~ : 0~ a. ~ +, : __ -ri MILDRED B. LABODA ~ _, o ~~ rn L., I, MILDRED B. LABODA, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereb make Last Will and Testament, hereby revoking any and all prior Wills and Codi cls thereto by me at anytime heretofore made. 1. IDENTIFICATION OF FAMILY. I declare that I have two (2) children whose names are JANE L. HAWBECKER and JANET K. DEPSKY, and as used in this Will, the term "my children" refers to JANE L. HAWBECKER and JANET K. DEPSKY. As used in this Will, the term "issue" refers to all lineal descendants of the indicated person of all generations, with the relationship of parent and child at each generation determined by the definition of "child/children" set forth in this paragraph. 2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the expenses of (1) a funeral or memorial service; (2) the interment of my remains, including the costs of a grave site, if necessary; and (3) the installation and inscription of a suitable marker at, and perpetual care of, the grave 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. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. 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, in equal shares, to my children, as follows: 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 my children. 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 my daughter, JANE L. HAWBECKER. If JANE L. HAWBECKER shall not be living at the time of my death, I give all property in the second part to my grandchildren, MAXWELL SCOTT HAWBECKER, MEGAN RAE HAWBECKER and NICOLE DEPSKY, per stirpes. 1 v~aG-~t~ MILDRED B. LABODA Y:\Clients\Laboda, Mildred B\Wi11.2009.doc January 5, 2010 Any item of personalty passing to a minor under this section maybe delivered to the minor or to any person to hold for the minor, as my Executor thinks advisable, and the receipt of any such persons, including the minor, shall constitute a full and complete discharge to my Executor. 4. DISPOSITION OF RESIDUARY ESTATE. 4.1. Disposition. 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"), to be divided and distributed in equal shares to my grandchildren, MAXWELL SCOTT HAWBECKER, MEGAN RAE HAWBECKER and NICOLE DEPSKY, per stirpes; PROVIDED THAT, if any of the beneficiaries shall predecease me leaving issue, then I leave the share of that deceased beneficiary to his or her issue, per stirpes; PROVIDED, however, that if such beneficiary or issue shall then be under the age of twenty-one (21), my trustee shall hold that beneficiary's or issue's share in a separate trust for the benefit of that beneficiary or issue, to be administered and distributed as provided in Article 4.2 of this Will. 4.2. Trust for Beneficiary or Issue. In the event that any of the beneficiaries or issue of the beneficiartes who are entitled to a share pursuant to Section 4.1 above are under the age of twenty-one (21) years, his or her share shall be held IN TRUST. My Trustee shall invest and manage any such share as a separate trust and make distribution as follows: i. Until such beneficiary or issue reaches the age of twenty-one (21), my trustee shall pay to or apply for the benefit of that issue so much of the net income of the trust as my trustee shall deem necessary or advisable to provide for that issue's support, maintenance, health and education (including higher or special education). My trustee shall accumulate any income riot so distributed and shall add the same to principal at least annually. ii. I authorize my trustee to pay or apply principal of the trust, at any time, to or for the benefit of such beneficiary or issue, even to the point of exhausting trust principal, in such amounts as my trustee, in her absolute discretion, deems necessary or advisable to provide for the support, maintenance, education and health of such beneficiary or issue. 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 such beneficiary or issue. 2 ,~ ~c~~-~ MILDRED B. LABODA Y:\Clients\Laboda, Mildred B\Wi11.2009.doc January 5, 2010 iii. Upon such beneficiary or issue reaching age twenty-one (21), the trust for such beneficiary or issue terminates and my trustee shall distribute to such beneficiary or issue all of the trust assets remaining on hand. iv. If a beneficiary dies before reaching age of twenty-one (21), and is survived by issue, my trustee shall distribute the trust principal to such deceased beneficiary's then living children, per stirpes. vi. If a beneficiary dies before reaching age twenty-one (21), and is not survived by issue, my trustee shall distribute the trust of that beneficiary in equal shares to my surviving grandchildren. vii. If at any time my trustee in her discretion determines that the size of such beneficiary's trust share does not warrant holding such share in trust, my trustee may, in full discharge of her duties herein, without formal court accounting, pay the remaining principal and income to the Guardian of the person of such beneficiary who is a minor 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-one (21), or such earlier age as my trustee deems appropriate, and upon such payment or deposit the trustee shall be relieved of all liability in connection with such fund. 4.3. Trustee's Judgment 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. 4.4. 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 Will 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. 3 MILDRED B. LABODA Y:\Clients\Laboda, Mildred B\Wi11.2009.doc January 5, 2010 4.5. Rule Against Perpetuities. If any provision of this Will should be void on account of the rule against perpetuities or any other rule of law pertaining to such trusts, as applicable, then the trust herein provided shall continue in force for the full period permitted by law and on the day prior to the expiration of such full period, my trustee shall make distribution of any remainder of the trust estate to the persons herein named who would be entitled to take distribution upon termination of the trust. 5. POWERS OF ADMINISTRATION. 5.1. Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries") shall have the powers and authorities set forth in this Article 5. 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 not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. 5.2. Retention of Assets. My fiduciaries shall have the power to retain any or all property of my estate, 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. 5.3. 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 inay own at the time of my death, or that may come into my estate 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. 5.4. Investment. My fiduciaries shall have the power to invest and reinvest any property in my estate 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. 5.5. 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 4 MILDRED B. LABODA Y:\Clients\Laboda, Mildred B\Wi11.2009.doc January 5, 2010 otherwise encumber any property in my estate to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. 5.6. 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. 5.7. 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. 5.8. Distribution to Minors and Persons Under Disability. My fiduciaries shall have the power to make distrtbutions 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. 5.9. 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 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. 5.10. Employment of Agents. 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. 5.11. Commissions. My fiduciaries shall have the power to take reasonable commissions on account at any time during the administration of my estate without the approval of any 5 MILDRED B. LABODA Y:\Clients\Laboda, Mildred B\Wi11.2009.doc January 5, 2010 beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final accounts of my fiduciaries. 5.12. 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. 5.13. Charitable Donations. In the event that any of my tangible personal property is donated to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s) as an inheritance tax deduction for any inheritance tax return which maybe required to be filed as a consequence of my death. 6. PAYMENT OF DEATH TAXES. 6.1. 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. 6.2. 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. 7. EXECUTOR. 7.1. Anuointment. I name, constitute, and appoint my daughter, JANE L. HAWBECKER. of Mechanicsburg, Pennsylvania, as executor of my estate. If JANE L. HAWBECKER shall not survive me, shall not serve as executor for any reason, or shall cease to serve as executor for any reason after appointment, I appoint SCOTT ANDREW HAWBECKER, of Mechanicsburg, Pennsylvania, as successor executor. 7.2. Bond Not Required. None of the individuals named in Section 7.1 shall be required to furnish a bond for the faithful performance of his duties as executor. 8. APPOINTMENT OF TRUSTEE. 8.1. I name, constitute, and appoint my daughter, JANE L. HAWBECKER, as the trustee of any trust under Article 4 of this Will. If the trustee shall not serve as trustee for any reason or 6 MILDRED B. LABODA Ipp\clientslla bodalwi 11.2010 January 5, 2010 11. INTERPRETATION. 11.1. Successors of Fiduciaries. All pronouns referring to an executor and the term "executor" shall be construed to mean any person acting as my executor, co-executor, personal representative, or administrator, as the case maybe. 11.2. 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. 11.3. Headings. 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. 11.4. 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 nine (9) pages which bear my signature for the purpose of identification, this ~ o , .. day of January, 2010. ~ ~ ~~~: ILDRED B. LABODA, Testatrix Signed, sealed, published and declared by the above-named Testatrix, MILDRED B. LABODA, 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 witnesses. vl Witness / Wi ess 2231 Market Street Cam Hill PA 17011 2231 Market Street Camp Hill PA 17011 Ipp\cl Tents\la boda\wi11.2010 January 5, 2010 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ~ SS. I, MILDRED B. LABODA, THE TESTATOR, 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 ACKNOWLEDGED BEFORE ME BY MILDRED B. LABODA, THE TESTATOR THIS ~~ DAY OF JANUARY, 2010. COMMONWEALTH OF PENNSYL4~AN1A Notarial Seal Mildred M. O'Donnell, Notary Public Camp Hili Boro, Curr;berland Co:inty M Comrnissi~plres Au~30. G?010 Me~fNbpt, Pannayivanip AAResi~4ipn ®f Notaries %~ ~ MILDRED B. LABODA, TESTATRIX ~~~~ ~~~~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. THE W TNESS- S~WHOSE N~ RE SIGNED AND J ES s I C q L. SI~}-U L L QUALIFIED ACCORDING TO LAW, DEPOSE ANDOSAY THAT~WO WEB PRESENT ANDISAW ULY 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 BEFORE ME, THIS ~~~ DAY OF JANUARY, 2010. COMMONWEALTH OF PENNSYL4'ANlA Notarial Seal Mildred M. O'Donnell, Notary Public Camp Hii1 6oro, Cun;berland Ca;enty M Cam_mission ExU;res Au~.;i0.,;010 Merri~or, Pannaylvaniw AgppciatiAn~pf Notaries WITNESS NESS , ~q NOTAR PUBLIC 9