Loading...
HomeMy WebLinkAbout08-15-12Reset PETITION 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: Susan A. Stada File No: p2 ~ ~ ~ ~ - ~ d a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: 507-56-7710 Date of Death: July 9, 2012 Age at death: 65 Decedent was domiciled at death in Cumberland County, Pennsylvania (stare) with his/her last principal residence at 900 Conley Drive Mechanicsburg 17055 (Upper Allen Tw p.) Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Life Care Hospital Mechanicsburg 17055 Cu mberland, PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsy[vania .......................... .. All personal property $ 10.00 If not domiciled in Pennsylvania ...................... .. Personal property in Pennsylvania $ If not domiciled in Pennsy[vania ...................... .. Personal property in County $ Value of real estate in Pennsylvania .................... ..................................... $ TOTAL ESTIMATED VALUE.... $ 0.00 Real estate in Pennsylvania situated at: NOne (Attach additional sheets, if necessary.) Street address, Post Offce a nd Zip Code City, Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated August 18, 2008 and Codicil(s) thereto dated State relevant circumstances (e.g. renunciation, death of executor, etc.) ~ -^- ~ r' ~ _x'i r?'i ~ ~ Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced«ot a party~~"aa pend'gti ,~ _°L. divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and ~ t;have a c f~i d borr~o~ ~~" adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated personsD-'- '- ' ' ~ ~' ~ `~~--~' Z ~~^ tJl - `, r-, NO EXCEPTIONS ~ EXCEPTIONS ©,, -- C. ~ _ ,__ --r-S B. Petition for Grant of Letters of Administration (lf applicable) ~ ~ t=, ~ = ~~ c.t.a., d. b. n., d.b.n.c.t.a., pendente lice, durante a~T8rilta, durante~inorit~ If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete lisyt 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 left no Will and was survivedby the following spouse (if any) and heirs (attach additional sheets, if necessary): Name Relationshi Address Gerald A. Stada Husband 900 Conle Drive Mechanicsbur PA 170 ~5 Form RW-02 rev. loi~~izoi! Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF C(JMBERLAND } Official Use Only 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 The Petitioner(s) of Petitioner(s) and that, as Personal Representative(s) of the D~ ee~ec nt, the Petif~er( ~ well d truly administer the Date ~' ~'S toraw~. Sworn to o_r affirmed and subscribed b~efo i~ Date met 's ~41day of ~ Date By~ ~ ,/~~~ e_. ~ Date For the Register BOND Required: ®YES ®NO FEES: ~~ ~~ Letters ...................... $ ( )Short Certificate(s)..... • ~~~ ' ~~ ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ . ... Commission .............. . Other • • ' ~ ~ " Automation Fee ............. • . ~~'S~ JCS Fee ..................... To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: Printed Name: David H. Radcliff Supreme Court ID Number: 25483 Firm Name: Radcliff Law Offices PC Address: 1011 Humana Road Suite 201 T,emovne . P~05~-- Phone: ~ 717 ~ 236-9318 Fax: Emait: dradcliffCc-wlaw.com n ~~ ~ -~ ~ ~ ~ ~' _ ~ G'1 r _C3 cr Cll sr~~,' C.7L-: C ~) A . O _` T r~ Page 2 of 2 Form RW-02 rev. 10/I f/2011 Oath of Personal Representative COMivIONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Printed Name Official Use Only Printed Address The Petitioner(s) above-named swear(s) or affirm(s) the si` of Petitioner(s) and that, as Personal Representative(s) of Sworn to or affirmed and subscribed before the this day of By: For the Register in the foregoing Petition are true and rrect to the best of the knowledge and belief dent, the Petitioner(s) will well at rely administer the estate according to law. BOND Required:QYES ~NO FEES: Letters ...................... a ( )Short Certificate(s)..... . ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ....................... Commission ............... . . Other •••••••• Date Date Date Date To the Re ter of Wills: Please enter y appearance by my signature below: Attorney Sign Printed Name: Supreme Court ID Number: Firm Name: Address: Phone: ........ Automation Fee ............... Fax: 1CS Fee. Email: TOTAL ..................... $ DECREE OF THE REGISTER Estate of ~~~~~n ~ ~1 ~~(.~ _ FileNo• ~L ~ `~~- (~U ~C.G' a/k/a: AND NOW, ~` ~ ~ ~~, in consideration of the fore oing Petition, satisfactory proof having been presented be or me, IT IS DECREED that Let~tef s ~ Q~ ~ +7~ 2~' ~~- are hereby ranted to ~ ~l'~.(C~ >~ t_)TC? ~-- in the above estate and (tf appltcable) that the instrument(s) dated _ I ~ described in the Petition be admitted to probate and filed of record as the last Will (and Codtctl(s//))~~of Decedent. ~ ~ ~'~ ~u~ •~ ~ ~~~ ~. Register of Wills Q ~^ ~?~ ~~~-~,~~'1.1 ~ ~ Pa e2of2 g r....,,. nw_m .•,... rnnrnntl HIOS.AUS KGB (9/I I Fee for this certificate, $6.00 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARN~~~~(i~l~"~i~plicate this copy by photostat or photograph. 7-7, ~4~T. ~ , f' C 1, t;.; f ' of L., l [- ~.,- 1~ ~, f '?~I? AUG 1 S AF! 10~ S2 ~ O~RPt-(~W'~ ;;vl~R~ P 1 ~ ~ ,,~ ~ ~ ~ ~ CU $ERLAND CO., PA Certification '.Number COMMONWEALTH Of PENNSYLVANIA • DEPARTMENT Of HEALTH • VITAL RECORDS CERTIFICATE OF DEATH state Flle Npmber 1. Oueden['s Lepl Name (First, Middle, Las, SuNkl 2. Sex 3. Social Securky Number <. Dah o(Death (MO/Day/Yrl (Spell Mo) Susan Ann Stada Fgnale 507 - 56 - 7710 Jul Sa. Age-last Birthtlay IYrsI 50. Usher Near Sc. Under 1 D 6. Date of Birth (MO/Day/Yearl (Spell Month) ]a. BlrMylatt ( nd State or Foreign Country) Months Oays Hours Mlnu[es T+atdyette, T24 65 August 12, 1946 ]b. Blrthplue (County) Ba. Residence SState or Foreign Country) BD. aesidence (Street and Numbx ~ Include Apt No.l Bc. Did Decadent LNe In a Township? Penns lvania }`~ref,a«eaemlNedln Upper Allen tw Bd.anwence lcopnrvl 900 Conle Drive Y p. Cumberland e<.aefinentt~npcogel 17055 ^NO,aettdentlNeaydenbumlDOf riry/bom. 9. Ever M U$ Armed Fwttsi 30. Markel Status at Time of Death Marred Q Widowed 11. SurvM Spauu's Name (II wka, ghre name prbr [o first mardagel ^Yes ®NO ^Unknown ^gvorced ^Never Married ^Unknown f:>exa~d A~ $taC1a 12. lather's Name (First, Middle, lase, Suffix) 13. Mother's Name Prbr to First Marriage (First, Middle, lasU Max E. Skinner Martha lei Ter 1<a Informant's Name 1Ab. Rektbnship to Decedent lac. Informant's Malllssg Addrea (Street and Number, Gry, State, 21p Code o Gerald A. Stada Husband 900 Conle Drive Meth 'c G a. ace at pn pne .. 3 ......... ................................ ....... wwee ............................................................................~...................................................WWtr ....................................w- .................................. If Death Occured in a Hospital: U Inpatient ;If DeaM Occurred Som here OMer Than a Hospital; y Hofpke Fadllry L I Decedent's Home - ^ Emergenry Rs»m/OUtpatlent ^ Dead on AEMaI Nursing Home/long-Term Vrc Fxlllty oMer IspeDHl • < lSb. Facility Name (If not Institution, glue street and number; 15c. Cky w Town, Sb[e, aM 7Jp Code 15d. County of Death Life Care Hos ital Mechanics PA 170 5 Cumberland ]Ba. Method of Dkposkbn ®Burkl Q Cremation 16b. Date of Oispasitlon 1&, Place of Disposklan (Name of cemetery, crcmatwY, or other plus) ^ Removal hom Stxe ^ Donation aher ($pedNl July 13 2012 Mechanics Cemeter 2 lfid. lxatlon of Dispositbn (Cky or Town, State, aM Ilpl p era a 3]a. care P in Charge of Interment 1]b. Lkenfe Number _ Mechanicsburg, PA 17055 ED - 014889 3 Tic. Name and Cpmpkte Atldress fFUnxal Facllky Malpezzi Funeral Hare ?Market P1 za ay Mechani urg, PA 17055 18. Decedem's Educatbn -Check the bin that best tleurtbes the 19. Decedent or Hispank Od{In - Chxk Me 20. Decedent's gaff -Check ONE OR MORE races to IMicete what ~ hi{hest degree w level of sdwol compbvd at Me time of deaM. box Mat best describes wMther eM decedem the decedent considered himself or herulf to be. Bth {radewless Is Spanlsh/Hispank/LaNno. Check the •NO• ®Whke Q Korean Q No dlPloma, 9th ~ 12th grade box ((decedent Is not Spanish/HlspaoirJLatino. ^ Blxk or Airlcan gmedttn ^ VkMameu QHi{h school graduate or GEDCwnpktetl ~NO, not Spanish/Hispanic/Latlno ^AmertcanlMenor Alaska Native ^OtherASlan ^ Some colic{e crcdll, but no degree ^Yes, Mexkan, Mexican American, Ch,cano ^ Asian Indian Q Naive Hawaikn Associate degree le.g. M, ASI ^Yes, Puerto Akan Q Chin<u Q Guamanian or fhamprro Q BxheloYS de{rce (<.{. OA, AB, BSl ^Ves, Cuban Q Flliplnp Q Samoan Masters degree (e.g. MA, Mfi, MEn{, MEd, MSW, MBA( ^ Y<s, ocher Soanish/Hispanic/Latino ^ lapaneu ^ Other Patlfic Islsntler ^ Dw[wate (e.g. PhD, FAD( or Professbnal degree (Specify) ^ Other ISpeclryl .. MD D05 DVM LLB 10 21. D ecedent's Single Race Self-Designation ~ Chuk ONLY ONF to indkate what the decedent considered himself or herul/ to be. 22a. Oettdent'i Usual Occupation ~ Indicate type of work .. Vy tp White Qlapanese ^Samoan done dudn g mint of working Ike. DO NOT USE RETIRED. ^ Black orAhkan Amerkan Q Korean ^ Other Pacifk Istantler Teach er American Indian w Alaska Natve ^ Vktnamex ^ Don't Know/NOI Sure Asian Indian Q Other ASkn ^ defused 22b. Kind pf Business/Industry ^ Glnese Q Native Mawalian ^ OMer ISpeciryl ^Nlipnp ^Deamamanpren,mwrp Education ITEMS 23a - Dd MUST BE COMRIETED 23a. DDD9RRto Promunced Deid (MO/OaY/Yrl 236. SI nature of Pxwn Prassouncing Death (Doty when applir~blel 23c. Lkense Number BY PERSON WMO MONOUNCES OR /jy~ ~/ y [ERTIfIES DEATN L~i~z cs a ~~ ~G~~ 23a. st ed (MO/Day/rd zA. rme pt DeaM ~ 9 ZO Q 5 15. Was Medkal Ewa orforonerfontac[ed7 ^ Yes No CAUSE OF DEATH Approximate 26. Pert 1. Enter the [halo ofevents-dluases,in)urles, wcomplicatbns--[ha[dlrMh/caused the death. DO NOT enter krminal events such as cardkc arrest Interval. respiratory arrest, or vanhkular Nbdlktbn without showing the etiobgV. DO NOT ABBREVMTE. Entx only one cauu on a Ilne. Add addltbnal Imes If Isecesury i Onset tp Death IMMEDIATE GUSE --------> M f,T AS~CAm ~ <UN ~ (rw L7 n (Final disease w coMitbn Due to (w as a conseRUence on: rewltisy in death) b. Saquen[lally INt conditions, Due M (or as a conseouentt o~~. it anY, leading to Me cauu Ikted on lirw a. Enter the UNDERLYING GUSE Due tp (or as a <on5epuence of): Itlluau Or Injury Ma[ F Initiated the events rcsuking tl. M deaM) LAST. Dee m for as a conuquence of): 3 2fi. Part ll. Enter oMer skNfkantwMNlons contributive to death bus not resulting In [he undedying cause given in Partl 2I. Was an autapsY per/wmed7 F ^Yes ^ No 18. Were autopsy findings available ro complete the cause of death? ^ Yes No n 29. If Female: 30. Dk Tobacco USe Contribute to Deaths 31. Manner o(DeaM o ^ Not pregnant within past year Q Yes ^ Probably Q Natural ^ Homicide Pregnant at time of death Q No Q Unknown ^ Accitlent ^ PeMing lnvertlgatbn ^ Not pngnant, but pregnant within a2 days pf death Q $ukide Q Could not be determined Q Not pregnant, but pregnant e3 days to 1 year before death 32. Date of Injury (Mp/Day/Vrl (Spell Month) Unkrlpwn If pre{vans within the past year 33. Time of Inlury 34. plsu of Inlury le.g. home; construction ske; )arm; uhool) 35. Locatbn of Inlury (Street a1M Number, Cirv, Slate, Zip Cptle) 3fi. Inlury at Work 3). If Traniportatlon Inlury, SpedfV'. 38. Describe Now Inlury Occurred: Ves ^ OrNer/Operator ^ Petlestrkn No ^ Passenger ^ Other lSpeciryl 39a. rtifier (Check onlyoMl ~ertllying physlckn - To the best of my knowledge, death occurred due to the [easels) antl manner stated ^^ Pronouncirsg 6 Certifyln{ physlckn - To Me best of my knowledge, death wcurretl at the time, date, and olace, and tlue [o the cause(s) and manner stated ^ Medical Euminer/fefonll th<0 b of <va mination, antl/or Investlption, in mY opines, d ea th occurred at the time, tlxe, antl plat!, Intl due tp the Duals) antl manner statetl t l ~ ~ \ ~ ~ O V Signs a of ttrtlfler: ~ / \_/t Title of certlfkr. \/ li<eme Number: 396. Name, Address and Zip Code of Person fompkdry Cause of DeaM Iltem 26l 39c. Dale SIgnM (MOl!Oa /Yr) Daninic Mirarchi DO 108 Lowther Street Lemoyne, PA 17043 July 10, 202 40. Re{IStmr's Dlstrkt Number el. Istrar's Sigruture 02. Registm FI Date Mo Oay rl r_ i ~~+ ~ >a~a. A3.AmenMsentS /Print to ms rck )tile DlSpositlon Permit 0729468 This is to Lertzt~ that the iriftlrnzati.>rl here f~iccn correctly eople~ ti~l~r(~ il21 c~nt~inal Ce~t~iricate of [lea drily t(led tivith :tie as i,ocal Regi>Uar. "[11e origin certificate ~iil he furu~arded tll the Stale Vit Records Okht_e .«r pernrlr(ent film<T. ~- la ~_f ~ Local Registry Date Issued N105-1a3 REV D)/2031 LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS, that I, SUSAN A. STADA of 900 Conley Drive, Mechanicsburg, Cumberland County, Pennsylvania, being in good health and of sound and disposing memory do hereby make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. n~ FIRST: I direct that all of my debts not barred by the statute of lin~~ons, ~ rr expenses of my last illness, funeral expenses, costs of administration and claims' ed ins' ~=": the administration of my estate shall be paid by my Executor hereinafter named, viii my ~ ~y~ E. , -- estate as soon after my decease as shall be found convenient. ~ ~ ~ ;~~: r ~ ..~ c~ ~,. cn ~ .:-n c~ rv SECOND: I give and bequeath my automobiles, household and personal effects and other tangible personal property of like nature (not including cash or securities), together with any existing insurance thereon, to GERALD A. STADA, if he survives me by thirty (30) days. In the event that my husband, GERALD A. STADA, should not be living on the thirty-first (31St) day after my death, I give and bequeath my remaining household and personal effects and other tangible personal property (not including cash or securities), together with any existing insurance thereon, as is set forth in separate memoranda, which I shall place with my Will, to the persons therein designated. Any tangible personal property and other personal effects not otherwise specifically listed in such separate memoranda shall be distributed to my son, SCOTT A. STADA. In the event that my son, SCOTT A. STADA, should not be living on the thirty-first (31St) day after my death, I give and bequeath those items of my remaining household and personal effects and other tangible personal property (not including cash or securities) that my executor may, in his sole and absolute discretion select as appropriate to be delivered to, or stored for, my minor grandson, NICHOLAS J. STADA, and the remainder shall be sold and the net proceeds add to the residue of my estate. THIRD: I give, devise and bequeath the rest, residue and remainder of my estate, of whatsoever kind and wheresoever situate, unto my husband, GERALD A. STADA, provided that he survive me, such survival being expressly conditioned upon those requirements set forth in Paragraph Fourth below. FOURTH: Should my husband, GERALD A. STADA, fail to survive me by thirty (30) days or should GERALD A. STADA die simultaneously with me or in a common disaster, it being my direction and intent that in the event of such simultaneous death or common disaster no Uniform Act regarding such event shall apply and only the above stated provision of this Will shall apply, then I give, devise and bequeath all the rest, residue and remainder of my estate wheresoever situate and of whatsoever nature and any property specifically directed to be distributed under this Paragraph Fourth to my trustees named below to be held in separate trusts for the benefit my descendants under the terms of this Paragraph in the following percentages: SCOTT A. STADA 50% JENNIFER E. STADA 25% NICHOLAS J. STADA 25% Section 1. The share for the benefit of SCOTT A. STADA shall be administered and distributed as follows: a. Distribution of Trust Share for SCOTT A. STADA 1. Distributions of Net Income My Trustee shall pay to, or apply for, the benefit of SCOTT A. STADA, at least quarterly during his lifetime, all of the net income from his trust share. 2. Distributions of Principal My Trustee, in its sole and absolute discretion, may apply to, or for the benefit of SCOTT A. STADA as much of the principal from his trust share as my Trustee deems advisable for his health, education and maintenance. ~'- In addition, my Trustee shall, upon written request, distribute to SCOTT A. STADA the remaining balance of principal and accumulated income of the trust share and terminate this trust share. 3. Distribution on the Death of SCOTT A. STADA SCOTT A. STADA shall have the unlimited and unrestricted general testamentary power to appoint the entire principal and any accrued and undistributed net income of his trust share as it exists at his death. SCOTT A. STADA shall exercise this general power of appointment by a valid last will and testament or a valid living trust agreement. In exercising this general power of appointment, SCOTT A. STADA shall specifically refer to this power. SCOTT A. STADA shall have the sole and exclusive right to exercise this general power of appointment. This general power of appointment specifically grants to SCOTT A. STADA the right to appoint property to his own estate. It also specifically grants to his the right to appoint the property among persons, corporations, or other entities in equal or unequal proportions, and on such terms and conditions, whether outright or in trust, as he may elect. To the extent this general power of appointment is not exercised, my Trustee shall distribute the remaining trust property to the then living descendants of SCOTT A. STADA, per stirpes, subject to the same trust and other provisions as stated in Section 2 of this Paragraph. If SCOTT A. STADA has no surviving descendants, my Trustee shall distribute the remaining trust property to NICHOLAS J. STADA subject to the same trust and other provisions applicable to other gifts to him as stated in this Paragraph. Section 2. Distribution of Trust Share for NICHOLAS J. STADA 1. Distributions of Net Income Until he attains the age of twenty-one (21) years, my Trustee may pay to, or apply for the benefit of, NICHOLAS J. STADA, the net income from his trust share. Any net income not distributed shall be added to the principal of his Trust. After NICHOLAS J. STADA attains the age of twenty-one (21) years, my Trustee shall pay to, or apply for the benefit of, NICHOLAS J. STADA, the net income from his trust share at least quarterly. 2. Distributions of Principal My Trustee, in its sole and absolute discretion, may apply to, or for the benefit of NICHOLAS J. STADA as much of the principal from his trust share as my Trustee deems advisable for his health, education, support and maintenance. If my grandson is under the age of eighteen (18) years at the time this trust is funded with any assets and SCOTT A. STADA shall continue as the guardian of the person of my grandson my Trustee shall, during any month when my grandson resides with him, pay to SCOTT A. STADA the sum of $500 per month to cover household expenses without requiring proof of the expenditure. My Trustee, shall also apply trust assets to reimburse the guardian of my grandson, upon receipt of satisfactory proof of the expenditure, for any support expenses he has paid on behalf of my grandson. When the beneficiary of this trust share attains the age of twenty-five (25) years (or if upon my death the beneficiary has already attained the age of twenty-five (25) years), my Trustee shall, upon written request to the Trustee, distribute the remaining balance of principal and accumulated income of the trust share to NICHOLAS J. STADA and terminate this trust share. Section 3. Distribution of Trust Share for JENNIFER E. STADA and NICHOLAS J. STADA Trustee, in trust nevertheless, to be administered and distributed under the following terms and conditions: 1. Purposes of Trust In providing for the establishment of this trust for the benefit of JENNIFER E. STADA, I am aware of the special circumstances and disabilities affecting her which now cause or will cause her to be eligible for various local, state and federal benefits and entitlements, as well as possible assistance provided by various private agencies and organizations. The primary purpose of this trust is to assure that JENNIFER E. STADA achieves her maximum potential and leads as full, independent and normal a life as possible. To that end, the trustees may expend the income and principal of the trust in ways that best further these goals, and under the terms and conditions stated herein. 2. Income and Principal Distributions in My Trustee's Discretion My Trustee may pay to, or provide for the benefit of, JENNIFER E. STADA, as much of the net income and principal of the trust share as my Trustee, in its sole and absolute discretion, deems necessary or advisable for the special needs of JENNIFER E. STADA which are not otherwise provided by governmental financial assistance and benefits, or by other providers of services. My Trustee may provide trust payments of such an amount as not to preclude payment of the maximum amounts of any Federal, State, local or other assistance programs, as noted above. The income and principal of this trust maybe used as my Trustee judges necessary and appropriate as a supplement to, but not to supplant, insurance or programs by Federal, State, local or any other assistance programs of any nature whatsoever, including Supplemental Security Income benefits under the Federal Income Maintenance Program as then existing. My Trustees may provide for the education, including room and board, of Nicholas J. Stada, from as much of the net income and principal of this trust share as my Trustee, in its sole and absolute discretion, deems necessary and advisable and may accumulate income for this purpose. Any net income not distributed to the beneficiaries shall be accumulated and added to principal. 3. Distributions for Special Needs "Special needs" refer to the requisites for maintaining the good health, safety, and welfare of JENNIFER E. STADA when, in the discretion of my Trustee, such requisites are not being provided by any public agency, office, or department of any state or of the United States. "Special needs" may also include (when not penalized by any benefit program) medical and dental expenses, annual independent checkups, independent assessments and evaluations, non-covered equipment, programs of training, education, treatment and rehabilitation, private residential care, transportation, maintenance and insurance. "Special needs" may include spending money within the income limits of any benefits program, replacement clothing, electronic equipment such as radios, record players, television sets, computer equipment, camping, transportation, vacations, and attendance at athletic contests, entertainment events and movies. 4. Supplemental Nature of the Trust Share My Trustee shall have no obligation to expend trust assets for such special needs, but if my Trustee, in its sole and absolute discretion, decides to expend trust assets, under no circumstances should any amounts be paid to, or reimbursed to, the ,~ federal government, any state, or any governmental agency for any purpose, including for the care, support, and maintenance of JENNIFER E. STADA. Because JENNIFER E. STADA may become dependent on the support and aid of others, my Trustee shall, in the exercise of its best judgment and fiduciary duty, seek support and maintenance for JENNIFER E. STADA from all available public resources including, but not limited to, Social Security Administration benefits, Supplemental Security Income (SSI), U.S. Civil Service Commission benefits, Medicaid, and Federal Social Security Disability Insurance (SSDI), and any other comparable programs, state, federal, or local. My Trustee is empowered to collect and expend on behalf of my daughter, JENNIFER E. STADA, all governmental financial assistance benefits to which she is otherwise entitled; provided that such funds shall not be co-mingled with the other funds of this trust. If necessary, my Trustee may seek additional appropriate authority, if needed, to collect, expend, and account for separately all such governmental assistance benefits, but shall not commingle them with these trust assets. In addition, in making distributions for the special needs of JENNIFER E. STADA, my Trustee shall take into consideration the applicable resource limitations of the public assistance programs for which JENNIFER E. STADA is eligible. No part of the estate distribution set aside for JENNIFER E. STADA in trust shall be used to supplant or replace public assistance benefits of any state or federal agency which has a legal responsibility to serve persons with illnesses or handicaps which are the same as or similar to the disorders of JENNIFER E. STADA. 5. Protection of the Trust Property No interest in the principal or income of the trust set aside for JENNIFER E. STADA and NICHOLAS J. STADA shall be anticipated, assigned, or encumbered, or shall be subject to any creditor's claim or to legal process, prior to its actual ,~ receipt by the beneficiary. JENNIFER E. STADA and NICHOLAS J. STADA are specifically prohibited from any right to receive, demand, secure, give, assign, transfer, mortgage, borrow against, or will any trust assets or income. It is my intention to conserve and maintain this trust for the special needs of JENNIFER E. STADA and the education of NICHOLAS J. STADA. Therefore, no part of this trust share, neither principal nor undistributed net income, shall be subject to the claims of voluntary or involuntary creditors for the provisions of care and services, including residential care, by any public entity, office, department, or agency of any state or government agency, or of the federal government of the United States. 6. Early Termination of the Trust In the event that it is determined by either a court or an authority of competent jurisdiction that these trust assets render JENNIFER E. STADA ineligible to receive any governmental assistance benefits, or if my Trustee, in its sole and absolute discretion, determines that, notwithstanding the provisions set forth above, this trust share maybe subject to garnishment, attachments, execution or bankruptcy proceedings by a creditor of JENNIFER E. STADA or by the federal or state government, or any agency or subdivision thereof, then my Trustee shall terminate the trust and distribute the remaining principal and accrued income to the beneficiaries named in Section 1 and 2 of this Paragraph FOURTH of this Will. 7. Authority of My Trustee to Initiate Legal Proceedings In determining whether the existence of the trust has the effect of rendering JENNIFER E. STADA ineligible to receive any governmental assistance benefits, my Trustee is hereby granted full and complete discretion to initiate administrative or judicial proceedings for the purpose of determining eligibility. All costs related ,~ thereto, including reasonable attorney's fees, shall be a proper charge to the trust of JENNIFER E. STADA. 8. Distribution on the Death of JENNIFER E. STADA Upon the death of JENNIFER E. STADA, my Trustee shall terminate this trust and distribute the remaining principal and accrued income in equal shares to the beneficiaries named in Section 1 and Section 2 of Paragraph FOURTH of this Will, provided that if any of these named beneficiaries fail to survive, their share shall be distributed to the other beneficiaries named in that paragraph and no anti-lapse statute shall apply. Section 4. The Trustee may make payments to or on behalf of any person who is the beneficiary of any trust hereunder but in no event, however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. Section 5. The Trustee, at its discretion, may exhaust all of the principal and income in carrying out the purposes of this trust and should the amount held in trust be or become so small as to make it impractical or economically unfeasible to continue holding said amount in trust, the Trustee may, at its discretion, pay the total amount of said trust directly to the beneficiary or to a parent or guardian of said beneficiary or place said amount in a savings account for the benefit of said minor until said minor becomes of age. Section 6. The Trustee may make the distributions called for in this Paragraph in any one or more of the following ways: Directly to a beneficiary. To persons, corporations, or other entities for the use and benefit of the beneficiary. io To an account in a commercial bank or savings institution in the name of the beneficiary, or in a form reserving the title, management, and custody of the account to a suitable person, corporation, or other entity for the use and benefit of the beneficiary. In any prudent form of annuity purchased for the use and benefit of the beneficiary. To any person or duly licensed financial institution, including the Trustee, as a custodian under the Uniform Transfers to Minors Act, or any similar act, of any state, or in any manner allowed by any state statute dealing with gifts or distributions to minors or other individuals under a legal disability. To any guardian, agent under a valid power of attorney, or other person deemed by the Trustee to be responsible, and who has assumed the responsibility of caring for the beneficiary. FIFTH: If at any time there is no person, corporation, or other entity entitled to receive all or any part of my estate or any trust property, then that property shall be distributed one-half to those persons who should be my heirs if I had died intestate owning such property and one-half to those persons who should be GERALD A. STADA's heirs if he had died intestate owning such property. The distribution of property, for purposes of this Paragraph, shall be determined by the laws of descent and distribution for intestate estates in the Commonwealth of Pennsylvania as such laws are in effect at the time of a distribution under this Paragraph. SIXTH: The appointment, resignation, replacement, and succession of my Trustees shall be governed as follows: Section 1. I hereby nominate, constitute and appoint SCOTT A. STADA as Trustee of the trust shares created by this, my Last Will and Testament. In the event that either of my Trustee shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I tt nominate, constitute and appoint BRUCE A. SKINNER as successor Trustee of any trust under this my Last Will and Testament. My Trustee or successor Trustee shall not be required to post bond regardless of state of residence. There shall at all times be a minimum of two trustees, unless a corporate fiduciary is serving as sole trustee. Section 2. Any Trustee may resign by giving thirty days' written notice to any Co-Trustee then serving, which notice is also to be delivered to the successor Trustee, if any, and to all the beneficiaries then eligible to receive mandatory or discretionary distributions of net income from any trust created under this Will. If a beneficiary is a minor or is legally incapacitated, the notice shall be delivered to that beneficiary's guardian or other legal representative. Such resignation shall be effective upon the successor Trustee's written acknowledgement of his undertaking of the duties of a trustee. Section 3. Successor Trustees maybe named as follows: My initial Trustee, SCOTT A. STADA, may designate a corporate successor Trustee at any time and such appointment shall take effect only when there are no Trustee named in this Will available. If SCOTT A. STADA is unable to name a corporate fiduciary, any Trustee can petition a court of competent jurisdiction, ex parte, to designate a corporate fiduciary as a Trustee. Section 4. Any corporate fiduciary appointed by SCOTT A. STADA or by a court of competent jurisdiction as a Trustee must be a bank or trust company situated in the United States having trust powers under applicable federal or state law. Such fiduciary shall have a combined capital and surplus of at least 2 million dollars. Section 5. Any successor Trustee, whether corporate or individual, shall have all of the rights, powers, and privileges, and be subject to all of the obligations and duties, both discretionary and ministerial, as given to the original Trustees. 12 Any successor Trustee shall be subject to any restrictions imposed on the original Trustees. No successor Trustee shall be required to examine the accounts, records, and acts of any previous Trustees. No successor Trustee shall in any way be responsible for any act or omission to act on the part of any previous Trustees. SEVENTH: I hereby nominate, constitute, and appoint my husband, GERALD A. STADA, as Executor of this, my Last Will and Testament. In the event that my spouse shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint SCOTT A. STADA as Executor of this, my Last Will and Testament. In the event that SCOTT A. STADA shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint BRUCE A. SKINNER as Executor of this, my Last Will and Testament. My Executor or other personal representative shall not be required to post bond regardless of state of residence. All references to the Executor herein shall be applicable to said substitute Executor. EIGHTH: In the event that my husband, GERALD A. STADA, shall predecease me, I hereby designate and appoint SCOTT A. STADA, as guardian of the person of NICHOLAS J. STADA, for the duration of his minority and said guardian may retain custody of my grandson in any locality. NINTH: The Executor and Trustee shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: 1. To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or personal, at any time constituting a portion of a trust or my estate, and upon such terms and conditions as the Executor or Trustee shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities (including proprietary mutual funds of the corporate Executor or Trustee), or such property, real or personal, as the Executor or Trustee shall deem 13 wise, without being limited by any statutes or rule of law regarding investments by the Executor or Trustee. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as they deem it wise, and even though such property is not the kind of property an Executor or Trustee would purchase as an investment; and even though to retain such property might violate sound diversification principles; and to make any division, distribution or partition of the estate or trust property in cash or kind, or partly in cash and partly in kind, pro rata or non-pro rata. 4. To cause any security or other property which may constitute a portion of a trust or of my estate to be issued, held or registered in their own name, or in the name of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of a trust or of my estate, and to take any action with reference to such securities which, in the opinion of the Executor or Trustee is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to them as owner of any securities constituting a portion of a trust or of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of a trust or of my estate, including such compensations to the Executor or Trustee. The Executor or Trustees shall receive compensation for the performance of their functions in such reasonable and customary accounts as are normally paid to individuals for those services. Any corporate fiduciary shall be compensated in accordance with its schedules of fees and compensation applicable at the time the services are provided. 7. To determine what is "income" and what is "principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or ~' 14 charge said premium or discount against income or principal as the Executor or Trustee may determine. 8. To borrow money from any person, firm or corporation, including any corporation acting as an Executor or Trustee hereunder, for the purpose of protecting and preserving or improving my estate or trust hereunder; to execute promissory notes or other obligations for amounts so borrowed upon such terms and conditions as they deem advisable. 9. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay them reasonable compensation out of my estate or any funds held hereunder to which said compensation is attributable. 10. To carry on any business owned or controlled by me at my death for whatever period of time they shall think proper, and they shall have the power to do any and all things they deem necessary or appropriate, including the power to close out, liquidate or sell the business at such time and upon such terms as to them shall seem best. 11. The Executor may exercise any available elections with regard to state or federal income, inheritance, estate, succession, or gift tax law. 12. The Executor or Trustee may, but shall not be required to, prepare and file accountings with any Court. Prior to delivering all of the property of any trust hereunder to a successor Trustee or to making any partial or complete distribution of trust principal or of my estate assets, the Executor or Trustee may require an approval of its accounting either by a release and discharge by the beneficiary or beneficiaries of any such trust or by a Court of competent jurisdiction. All of the Executor's or Trustee's fees and expenses (including reasonable attorney's fees) attributable to any such accounting and approval shall be paid by such trust. 13. The Trustee in its sole and absolute discretion may terminate any trust hereunder at any time it determines that the aggregate value of the trust property renders continued administration economically infeasible and, upon such termination, shall pay over the remaining trust property to the income beneficiary or in such proportions between the t~- 15 discretionary income beneficiaries thereof (or to a parent or legal guardian in the case of a minor beneficiary) as the Trustee in its sole and absolute discretion may deem appropriate Upon such termination, the remainder interest in such trust shall be extinguished and the Trustee shall be accountable with respect to such trust only to such income beneficiary or beneficiaries (or to a parent or legal guardian in the case of minor beneficiary). 14. To minimize any tax in respect of any trust, or any beneficiary thereof, or for such other purpose as it deems appropriate, the Trustee may in its sole and absolute discretion remove all or any part of the property of, or the situs of administration of, such trust from one jurisdiction to another and elect, by an instrument filed with the trust records, that thereafter such trust shall be construed, regulated and governed as to administration by the laws of such other jurisdiction. 15. To merge any trust share with another trust having nearly identical provisions for the same beneficiary in order to administer the trusts as one entity for the purpose of reducing administrative expenses. 16. To the fullest extent permitted by law, the interests of all the beneficiaries in the various trusts and trust property subject to this Will, shall not be alienated, pledged, anticipated, assigned, or encumbered unless specifically authorized by the terms of this Will. Such interests, while they remain trust property, shall not be subject to legal process or to the claims of any creditors. 17. To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of a trust or of my estate. TENTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate. I also ~'- t~ direct my Executor pay, or provide for payment, of all such taxes at such time, or times, and in such manner as my Executor deems best. IN WITNESS WHEREOF, I, SUSANA. STADA, the Testator, having affixed my initials at the bottom of each page, hereunto set my hand and seal to this my Last Will and Testament the ~~~ day of ~,.t~6 , 2008. SUSANA. STADA - The preceding instrument consisting of this and ~ other typewritten pages, each identified by the initials of the Testator, SUSAN A. STADA, this day and date thereof signed, published and declared by SUSANA. STADA, the Testator therein named, as and for her Last Will, in the presence of us who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. r~ / ~ ~ Witnes Witness ,~ 17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ^i'~ ,-,-, b~rlan~ :SS I, SUSANA. STADA, Testator 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. ~ ~ SLISANA. STADA Sworn or affi ed to and acknowledged before me by SZISANA. STADA, Testator the ~ day of ~ c~;u , 2008. NOTAR BALI EAl „u~~ ~ ,~~~ DAVIO H RADCUFf (SEAL) Nolxr PrbNc Notary Public T PHNIBlORO fll~ g0~MD COIMIY Mkt ComN~sfon E~pM~ Jw~ 2!, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF l.~i.~ r» ~e:~/Gc n G/ SS We ~~ r fer L . .1 ~r~f' and V~C~(l; ~. ~Kc 1~,( '/ , the witnesses whose names are signed o the attached or foregoing instrument, being du qualified according to law, do depose and say that we were present and saw Testator 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 Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more years of age, ound mind a under no constraint or undue influence. ~5~.~- ~, Sworn or affirmed to and subscribed to before me by~~»nr t~~ ~- ~~~~~ and V~'(Cp~;~ ~ ~ ~ ~_ witnesses, this ~ ~ day of crs ~ of 2008. (SEAL) NOTIMIUU. ~. Notary Public OAMO N IIAOO~Mi NMny'MMC I~OIq 1w: CI~NO wc~.e~.,M:x sm /~- ~g