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HomeMy WebLinkAbout08-01-12PETITION FOR GRANT F LETTERS REGISTER OF WILLS OF '~ f~ COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and iii support thereof aver(s) the following and respectfitlly request(s) the grant of Letters in the appropriate form: Decedent's Information 1 ~f ~ Name: _ ~c~x i i'1Q. tom-- ~V ~`~~ File No: ~~' l~'~.~e~ a/k/a: (Assigned by Register) a/k/a: a/k/a: Date of Death: r~ Decedent was domiciled at dent In ~j fir ~~ principal residence at ,~ , ~ Y~aMf rA-, 3 d ,~.~~ ~ Decedent died at Street address, Post Office and dip Code Social Security No: (i ~ ~ Age at death: ~j County, ~~ or with his/her last County o treet addres Post Tice and Zip Code City, ownship or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ............................ All personal property $ ~/~ If not domiciled in Penttsy!vania ........................ Personal property in Pennsylvania $ 6 If ttot domiciled in Pennsyh~ania ........................ Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $~~- Real estate in Pennsylvania situated at: t-~ ~e~ (Attach additional sheets, il'necessary.) Street address, Post Office and Zip Code City, Township or Borough Count Y [y~A. Petition for Probate and Grant of Letters Testamentary i7 Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated (~~~~~(~Y')~ and Codicil(s) thereto dated State relevant circumstances (e.g. renuncintion, deatG of execator, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to spending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not leave a child barn or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. L'7 tv t~ EXCEPTIONS [] EXCEPTIONS _ ^ B. Petition for Grant of getters of Administration (Ifapplicable) c.t.a., d. b. n., d.b.n.c.t.a., pendente life, durance absentia, durance minoritate If Administration, c.t.a. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to 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 has/have ascertained that Decedent lefr no Will and was survived by the following spouse (ii any) and heirs (ottach additional sheets, if necessary): r Name Relationshi _. Address n ^'' ~_ C .~~ , _ ,~ [,' ~~ ` ~; ~~~~ ~ ` ~ --1 N '17 't -, c_ - ~--; `t; cv: ~, ._~ :.;: C`= i"" ~Tl ~n "fl Fo,~,» ~w-nz rev. Inillilntl Page 1 of 2 r.,~ t.~,. Oath of Personal Representative CONIiVIONWE.4LTH OF PENNSYLVANIA } } SS: COUNTY OF } 6~c~7 Use Only ~ j l ~ ~~;. G7 ~ , fir' it C C'~C ~s' ~,- O c- ~ - _ = - ;- Petitioner(s) Printed Name Petitioner(s) Printed Address v N ~~ ~ ~ ~ r~ P ~ _"~ The Petitioner(s) above-named swear(s) or affirm(s) the statements in ttn: foregoing Petition ark, true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Deced~ "t, the Petitionet(s) wilt lI ~Pnd truly administer the estate according to law. Sworn to or ffirmed an bscribe bemire -- -~-~ ~ t~_; " ~~ Date me this day o O ~ ` Date By' ~ Date t Register Date BOND Required: Q YES ~ NO FEES: Letters .............. $ ~~7' t'~ ( ~~ )Short Certificate(s)...... . ~~r ( )Renunciation(s)......... ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Cotnmissiott ................. . Oth Autotnation Fee ............... ~ ~ JCS Fee ..................... TOTAL ..................... $ ' - , To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: Printed Name: Supreme Court ID Number: Firm Narne: Address: Phone: Fax: Email: DECREE OF THE REGISTEF Estate of Glxt At? L... /(/ ~,SG File No: ~~" ~~ _~~ (~ a/k/a: AND NOW, /7~e!-~ f l , -~~ in consideration of the foregoing Petition, satisfactory proof having been presented before tne, IT IS DECREED that Letters are hereby granted to /' / ~ in the abo estate and (if applicable) that the instrument(s) dated _ i/ oo described in the Petition be admitted to ~irobate and filed of record as the last Will (and!Codicil~s~J of Deced~ant Register of Wills r Form RW-0? ~•ev. In~lli2n!! `"` Page 2 of 2 ~. .~ St W ~.i~ ~~~. ~ ~ i H~ ....a ?~ ~; ) . ~IJ Ft's ~~~))~ ~n~, c(rt~r,c,~tc~. ~;<<;.~~~:) '0(2 d~1G - I Aft 8~ 2 f ~ ~ ~I .~ . `~ _L ,; ~ _ s ,~ CUNfBERLAND CO., PA '' j CIA Y Z 1 1012 ----~--18 ~ 8 8.7,E 2 _ _ ~~~ Certit~ir<itiu(I ~un,hl~r ~ - _ ' Type/Print In COMMONWEALTH OF PENNSYLVANIA ~ DEPARTMENT OF HEALTN ~ VITAL RECORDS Permanent CERTIFICATE CIF 1")FATH O Z 1. Decedent's Legal 20, 2012 9a. Age-Last Birthday (Yrs) 56. Under 1 Vear Sc. Under 1 Da 6. Date of Birth (MO/D ay/Near) (Spell Month) 7a. Birth lack (City and State or Foreign Country) Months Days Hours Minutes Wi~11amS rt PA 71 November 18 , 1940 76. Birthplace (County) ~ CO[Il1n 8a. Residence (State or Foreign Country) Sb. Residence (Street and Number -Include Apt No.) 8c. Did Decedent Live in a Township? Penns lvania IgYes, decedent lived in E _ PennSbOrO ~yp_ B Res a County) ~ ~ d' 208 Senate Ave. um erlan He. Residence (Zip Code) 1 O ONO, decedent lived within limits of city/boro. 9. Ever in US Armed Forces? 10. Marital Sta<us at Time of Death ~ Marrietl 0 Widowed 11. Surviving Spouse's Name (If wife, give name prior to Tirst marriage) Q Yes (~ No Q Unknown ~ Divorced ~ Never Married Q Unknow 12. Father's Name (First, Middle, Last, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, Last) Edward J_ R der Violet M. Seiwell 14a. Informant's Name 14b. Relationship to Decedent 14c. Informant's Mailing Address (Street and Number, City, State, Zip Code) s 0 Kristy L. Kelly Daughter 7 Queen Anne Ct., Camp Hill, PA 17011 Gr .......................................................... ......................................... ......... 1Sa. P ace o Deat IC ec only one s _ If Death Occurred in a Hos tel: In pi patient ........ .................................................................. ... ..................................... -1f Death Occurred Somewhere Other Than a Hos ital: ty [)` ~ pecedent's Home p ~] Hospice Facili ~ ~ Emergency Room/Outpatient ~ Dead on Arrival . _ 0 Nursing Home/Long-Term Care Facility Q Other (Specify) iSb. Facility Name (If not Institution, give street and number; 1SC. City or Town, State, and Zip Code iSd. County of Death Hol S irit-Hos ital Caen Hill PA 17011 Cumberland 16a. Method of Disposition Q Burial Cremation 16 b. Date of Disposition 16c. Place of Disposition (Name of cemetery, crematory, or other place) $ 0 Removal from State ~ Donation p Other(Speclfy) 05/22/2012 Hollinger Crematory 16d. Location of Disposition (City or Town, State, and Zip) S7a. i nature of F ral Service licensee or Person Charge of Interment 176. License Number Mt. Holly Springs, PA 014819 0 17c. Name and Complete Address of Funera Facility a M ers-Horner Funer Home, Inc. 1903 Market St. Hill PA 17011 18. Decedent's Education -Check the box that best describes the 19. Decedent of Hispanic Origin -Check the 2D. Decedent's Race -Check ONE OR MORE races to Indicate what ~ highest degree or level of school completed at the time of death. box that best tlesc rlbes whether the decedent the decedent considered himself or herself to be. ~ 8th grade or less s Spanish/Hispanic/Latino. Check the "N O" ~ White Q Korean No diploma, 9th - 12th grade box if decedent is not Spanls h/Hispanic/Latino. 0 Black or African American 0 Vieina mese High school grad uafe or GED completed [~ No, not Spanish/Hispanic/Latino 0 American Indian or Alaska Native ~ Other Asian 0 Some college credit, but no degree ~ Ves, Mexican, Mexican American, Chicano 0 Asian Indian 0 Native Hawaiian (] Associate degree (e.g. AA, AS) Q Yes, Puerto Rican 0 Chinese (] Guamanian or Cha morro ~ Bachelor's degree (e.g. BA, AB, BS) 0 Ves, Cuban 0 Filipino Q Samoan ~ Master's degree (e.g. MA, MS, MEng, MEd, MS W, MBA) ~ Ves, other Spanish/Hispanic/Latino ~ la pa Hess Q Other Pacific Islander (] Doctorate (e.g. PhD, Ed D) or Professional degree (Specify) ~ Other S ( pecify) . MD DDS, DVM, LLB, JD 21. Decedent's Single Race Self-Deslgna<lon -Check ONLY ONE [o indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation -Indicate type of work [`ffi White ~ Japanese Q Samoan done during most of working life. DO NOT USE RETIRED. ~ Black or African American Q Korean Q Other Pacific Islander Off A i O American Indian or Alaska Native Vietnamese ~DOn't Know/NOt Sure 1Ce ss stant Q Asian Indian Q Other Asian ~ Refused 226. Kind of Business/Industry ~ Chinese 0 Native Hawaiian ~ Other (Specify) Q FIIl pino ~ Guamanian or Cha morro ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (Mp/Day/Vr) 23 b. Signature of Person Pronouncing Death (Only when applica ble7 23c. License Number BY PERSON WHO PRONOUNCES OR CERTIFIES DEATH j fir C~ ~vZ p 23d. Date Signed (M /Day/Yr) 24. Time of Death ~ ~ ~ ry n/ ~o~ G~O~p L.. ~ % ~ p ~ / Q J fYJ 25. Was Medical or Coroner Contacted? _ ~ Yes No CAUSE OF DEATH Approximate 26. Part 1. Enter the chain pf events-diseases, inj urles, o mplications--that directly caused the death. OO NOT enter terminal a en[s such a ardiac arrest Interval: respiratory arrest, or ventricular fibrillation without showing the etiology. DO NOT ABBREVIATE. Enter only one cause aline. Add additional lines if necessary Onset to Death on IMMEDIATE ---------------~ a. - (Fir, r.mYlon ~ Dpe to eor as a moons q r,~e pf): i results n g in death) b. Sequentially list conditions, Due to (or as a consequence of): if any, leading to the c e listed on Ilne a. Enter [he UNDERLYING CAUSE Due fo (o as a consequence of): (disease or injury that = initiated the a en[s resulting d. in death) LAST. Due to (o as a consequence of)- S 26. Part II. Enter other signlfica nt c nditions c ntrib urine [o death but not resulting i the underlying cause given in Part 1 27. Was a opsy pert ed? D Yes No ~ 28. Were a opsy findings a aila ble m to mple the c of death? o a a O Ves N O 29. If Female: 30. Ditl Tobacco U Contribute to Death? 31. Manner of Death o ~NOt pregnant within pass year ~ Ves Pro ba bly ~ Natural Q Homicide ~ Pregnant at time of death ~ No Unknown 0 Accident Q Pending Investigation m ~ Not pregnant, but pregnant within 42 days of death ~ Suicide 0 Could not be determined ,- Q Not pregnant, but pregnant 43 days to 1 year before death 32. Date of Injury (MO/Day/V r) (Spell Month) 0 Unknown if pregnant within the past Year 33. Time of Injury 34. Place of Injury (e.g. home, construction site; farm; school) 35. Location of Injury (Street and Number, City, Sta ,Zip Code) 36. Injury at Work 37. If Transportation Injury, Specify: 38. Describe How Injury Occurred: 0 Yes ~ Driver/Operator Q Pedestrian ~ No 0 Passenger Q Other (Specify) 39a. Certifier (Check only one): ~Certifying physician -TO the best of my knowledge, death occurred due to the cause(s) and manner stated Q Pronouncing 8. Gertifying physl clan -TO the best of my knowledge, death o red at the time, date, and place, and due to the c e(s) and m rated r ~ Medical Examiner/Coroner- On the basis of examination, and/or mvestigationr in my opini n, deat h o ccurred at the time, date, and place, and due to the c se(s) and m r stated / / ~ ~ Signature of certifier: Title of certifier: / / ~ License Number: r~•9 ~~ ~I1 39b. Name, Address and Zip Code of Person Completing CaUSC of Death (Item 26) S-0 ~ ~~ ~/ 11 ~ 39c Date Signed (Mp/Day/Yr) .2 ~ G~ ~ ~-G/ o S' 'art vl ~.-.,. ,'i ii / o /y c, 02 / ~ D~ Z 40. Registrar's District Number 41. Registrar' fe 42. Registrar Flle Dace (MO/Day Yr) ~ - ~~ ~ S'/~/~do! L 43. Amentlments Disposition Permit No. 0740474 H1o5-143 REV O?/2011 a LAST WILL AND TESTAMENT nT~ `~' ~7 :~' Q .a, t7n--i:~ h..) ~ . T_t i ''~ ~~r, ~ -; ~r.a - - - C ~ 1 ~ a ~ r. _ - MARINE LOUISE WISE ~- -- p i , i , ~ ~ -, - if. ~ r' ; ~~t'~=i ,__ _ -~ i; ; ~ :.- ~ j n , r ` I, MARINE LOUISE WISE, of Cumberland County, ti Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I. I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, and all other_- like articles of household or personal use or adornment to my daughter, KRISTY L. KELLY of Cumberland County, Pennsylvania ("My Child") If any such other articles are not easily distributable in kind or if it is impractical that they be so distributed, then I authorize my Executrix to sell such articles and the proceeds thereof shall pass as a part of my residuary estate or such articles may be given to charity, all in the sole discretion of my Executrix. II. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will to My Child. Should My Child predecease me, I give, devise and Page 1 of 11 pages ,~su~~.i bequeath my estate to My Child's two sons, THOMAS RYAN KELLY and JAMESON JOSEPH KELLY (My Child's Sons), in equal shares, share and share alike. Should either of My Child's Sons not have attained the age of twenty-five (25) years at the time set for the distribution of my residual estate, then such son's share shall be paid over to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with ITEM V hereof for the benefit of either or both of My Child's Sons who has not by then attained the age of twenty-five (25) years (the "Grandchild's Trust") . III. I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executrix, and all property subject to all such powers of appointment shall be included in my estate and be governed by the provisions of this Will. IV. All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executrix out of the property passing under ITEM II of this Will as an expense and cost of administration of my estate. Except to Page 2 of 11 pages the extent above provided, my Executrix shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executrix, even though paid with respect to proceeds of insurance or other property not passing under this Will. V. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and (a) So long as either of My Child's Sons (the "Grandchild") have not yet attained the age of twenty- five (25) years, my Trustees shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustees, shall be necessary for the Grandchild's maintenance in a proper station in life, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grand- child's Trust. (b) After the Grandchild shall have attained the age of twenty-five (25) years, my Trustees shall distribute the remaining principal and any undistributed income of the Grandchild's Trust outright to the Grandchild. If the Grandchild shall have died before attaining that age, my Trustees shall retain the assets for the benefit of any issue of the said deceased Grandchild in accordance with the terms hereof, or, if none, distribute the then remaining principal and any undistributed income to the issue then living of the parent of the Grandchild who was a child of mine, per stirpes, or, if such parent shall have no issue then living, then to my issue then living, per stirpes; provided, however, in either event, if any such beneficiary is then a beneficiary of a Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Grandchild's Trust as if an integral part thereof, to Page 3 of 11 pages be held, administered and disposed of in accordance with the terms thereof. VI. Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of me and my issue living at the time of my death. At the expiration of such period, the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustees' discretion or otherwise. VII. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executrix or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and without regard to any claim thereto Page 4 of 11 pages or attempted levy, attachment, seizure or other process against said beneficiary. VIII. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. IX. In the settlement of my estate and during the continuance of any trust created hereunder, my Executrix and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executrix or Trustee may deem it advisable to my estate or my trusts created hereunder (hereinafter "trusts") so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates. (b) To vary investments, when deemed desirable by my Executrix or Trustee, and to invest in every kind of property and type of investment, including bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates, or as to which my corporate Executor or Page 5 of 11 pages Trustee or any of their affiliates are investment advisors, as my Executrix or Trustee shall deem wise. (c) In order to effect a division of the principal of my estate or trusts or for any other purpose, including any final distribution of my estate or trusts, my Executrix or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executrix or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executrix or Trustee may deem advantageous to my estate or trusts, any or all real or personal estate or interest therein owned by my estate or trusts severally or in conjunction with other persons or acquired after my death by my Executrix or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executrix or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executrix or Trustee, to pay indebtedness of mine or of my estate or trusts, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in Page 6 of 11 pages connection with the administration of my estate or trusts. (h) To vote any shares of stock which form a part of my estate or trusts and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executrix or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trusts. (j) To assign to and hold in my estate or trusts an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To divide any trust hereunder into two or more separate, but identical, trusts. My Executrix may divide any trust hereunder which would have a generation skipping transfer tax inclusion ratio other than one (1) or zero (0), into two (2) separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust." The exempt trust is that fractional share of the total trust fund that has a generation skipping transfer tax inclusion ratio of zero (0), and the nonexempt trust is the remaining factional share of the trust, with a generation skipping transfer tax inclusion ratio of one (1) The terms and conditions of the nonexempt trust and the exempt trust will be identical. Any reference to a trust created under this Will, without a further specification or limitation, shall be deemed to refer Page 7 of 11 pages to both the exempt trust and the nonexempt trust, in proportionate amounts, where relevant. The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and my Trustees shall maintain adequate accounting and records for both such trusts. My Executrix shall indicate on the federal estate tax return filed for my estate that separate trusts will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. (o) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. (p) To employ from time to time and compensate from income or principal, in the discretion of my Executrix or Trustees, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and may delegate to investment counsel discretion with respect to the investments and reinvestment of any or all of the assets held hereunder. X. In the settlement of my estate: (a) My Executrix shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executrix shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executrix's decision made in good faith to use a particular valuation date. XI. If any assets held in any trust created hereunder are exempt from generation skipping tax as a result of an Page 8 of 11 pages election made by my Executrix under Section 2631(a) of the Internal Revenue Code of 1986, as amended, my Trustee may, in the Trustee's absolute discretion, (i) create a separate trust with respect to the assets to which such exemption was applied with the balance of such assets, if any, being held and maintained as a separate trust under this Will or (ii) hold and maintain the assets to which the exemption was applied along with the non- exempt assets as one trust estate under this Will. XII. If, in the sole discretion of my Trustee, at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee, without any liability to any person or remainderman whose interest may be affected thereby and without the necessity of court approval, shall terminate such trust by distributing all the income and principal of the trust to the then income beneficiary or beneficiaries of said trust. If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. The Trustee's discretion herein granted shall in no event be construed as giving any potential distributee of a trust the right to compel a termination in whole or in part of such trust. XIII. I hereby appoint My Child as Executrix of this Will. If for any reason she should renounce, fail or cease to Page 9 of 11 pages act, then I appoint her husband, Kevin Price Kelly of Cumberland County, Pennsylvania, to serve as my Executor. XIV. I hereby appoint my son-in-law, KEVIN PRICE KELLY as Trustee of any trust created hereunder. If for any reason he should fail or cease to act, then I appoint his brother and sister-in-law, EDWARD R. KELLY and ALICE R. KELLY of Hershey, Pennsylvania, or the survivor of them as my Co-Trustees to act or continue to act with all of the powers originally granted to my Trustee herein. An individual Trustee shall be deemed to have failed to serve as Trustee hereunder if, among other reasons, the treating physician of said individual Trustee shall certify in writing that such Trustee possesses permanent mental or physical incapacities which preclude such Trustee from discharging his or her duties as Trustee hereunder. Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without Court approval. No successor Trustee shall be liable for the actions of a resigning or removed Trustee occurring prior to such successor Trustee taking office. All references in this Will to my "Trustees" shall refer to my originally named Co- Trustees or to my sole successor Trustee, as the case may be. XV. Any Custodian, Executrix or Trustee shall qualify and serve without the duty or obligation of filing any bond or Page 10 of 11 pages other security. Any corporate fiduciary or custodian shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. My individual fiduciaries shall serve without compensation. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding ten (10) pages, this Page 11 of 11 pages ," day of July, 2004. 1 C •i: ? c w4%~( (,1~::~..((S EAL ) Maxine Louise\Wise We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals th_e day and year above written, and we certify that at the time f the e cu io ..thereof, the said Testatrix was of sound and dis osin in and memory. ~~~. ~M~IJ~ ~ ~ '~ ~~-~~ AL ) Re i ' ng a ~ ~ l iA.~X J ~ ~ ' C~._~~~~'~- ~ (SEAL) ( SEAL ) Residing at : ~~i~ ~ (~f ~ ; ~, I ~~-tii,i~ (~>t `.~ Residing at : 1bZt ~-4'~L~d~- ,~~- ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ) I, Maxine Louise Wise, Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~_ f `_ ~,/_; ` -~ ~' t-t .~ ~ t L ~, ( SEAL ) aN~ Louise Wise Sworn or affirmed to and acknowledged before me, by Maxine Louise Wise, the Testatrix, this /, 51 day of July, 2004. N tar P is My Commission Expires: (SEAL ) COMMONWEALTH OF PENNSYLVANIA Notarial Seal NainaJ. Sanghvi, Notary Public City of Harrisburg, Dauphin County My Commission Expires Apr. 11, 2Q06 AVlember, Pennsvl~dan~~ AccO^"8+ir+~; ref xJota+'ie~ T T''~'TTlTS7T'T COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ~~ h!~ ) We , G~i~l~!/i1 ~ ~ . i4~~ZQm 1 ~ II , ~nno c ~.~.~fZ~.2 and C,'i ~ ~~f the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Maxine Louise Wise, the Testatrix, sign and execute the instrument as her Last Will; 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 that time 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 by ~1(GL~u~.Qincn_ /'> ~ f~'~-tA~/~'~S , JQ~ per- ~w~S~i'c-~ and ~- `7r• 9~t.tc,F~ the witnesses, this /~ ~ day of July, 2004. ~ Witness - - ~~' tness COMMONWEALTH OF PENNSYLVANIA ~~``~ Notarial Seal W 1 ne S S NainaJ. Sanghvi, Notary Public - (~ City of Harrisburg, Dauphin County My Commission Expires Apr, i 1, ;20pfr NO ry ubl Member, Penns~tu~a~ ? tx ; ;n,~, ,,,,:.., ,'""° """"" My COm S S 1 EXp 1 re S 1 r » ~~;: (SEAL)