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HomeMy WebLinkAbout09-14-12Reset 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: Richazd J. Westermeier File No: ~~' /e2 ~ ~~~ ~° a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: 063-44-2537 Date of Death: September 1, 2012 Age at death: 61 Decedent was domiciled at death in Cumberland County, pennSytvania (stare) with his/her last principal residence at 31 Devonshire Sauare, Mechanicsbure. PA 17050 Hampden Township Cumberland Street address, Poat Office and Zip Code Cily, Towoahip or Borough County Decedent died at 31 Devonshire Sauare. Mechanicsbure. PA 17050 Hampden Townshiv Cumberland PA Street address, Pos[ Office and Zip Code City, Township or Borough Counly State Estimate of value of decedent's property at death: IfdomlcUed in Pennsylvania ............................ All personal property ljnot domiciled in Pennsylvania ........................ Personal property in Pennsylvania If not domiciled in Pennsylvania ........................ Personal property in County ~ 55,000.00 Value of real estate in Pennsy[vania ......................................................... $ 250,000.00 TOTAL ESTIMATED VALUE.... $ 305.000.00 Real estate in Pennsylvania situated at: 31 Devonshire Square, Mechanicsbur>z, PA 17050 Hampden Township Cumberland (Attach additional sheets, ijnecessary.) Street address, Post Office and Zip Code City, Towoahip or Borough Counly A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/shelthey is/are the Executor(s) named in the Iast Will of the Decedent, dated February 15, 2010 and Codicil(s) thereto dated N/A State relevant circumstances (eg. renunciation, death ojececutor, etc) Except as follows: after the execution ofdte instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS ®EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., d.b.n.c.t.a., pendente life, durance absentia, durante minoritate If Administration, c.~a or rLb.n.c.ta., 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 left no Will and was survived by the following spouse (ifany) and hefts (attach additional sheets, ifnecessary): Name Relationshi Address ~v N r!~ . . I C_^ i'i : (r _t_ C~~: L: " FormRW-02 rev. 10/11/201! -V w f'• : ~ 1• x l'" "'4 ~ k. k ~ ~- ~ '.)~ t~ ~.!i Page 1 0 2 ;.~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } } SS: } ~, .y P ~ 4 PM ~2~ 23 Petitioner(s) Printed Name Petitioner(s) Printed Address Heidi B. Muck 6470 Utle Road Akron NY 14001 ~~ ~ ~' ., The Petitioner(s) above-named swear(s) or affirm(s) the statements the forego'ng 'lion are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the D n4 e P lion swill and tmly administer the estate acco d' g to w. Sworn too ffitmed sub cri d before ~ Date ~ ~ me this ~ day o.~ a~~C~7H~oc~ I ~ Date BOND Required: Q YES Q NO FEES: Letters .................... .. $ ( 6) Short Certificate(s).... . . _`' ( )Renunciation(s)....... . . ( )Codicil(s) ........... . . ( )Affidavit(s).......... . . Bond ...................... .. Commission ................ . . Other `.l ~~~ ~ ~ ...... .. Date Date To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: ~Pir(nted Name: Linda A. Supreme Court ID Number: 72963 Firm Name Address: Law Firm of Linda A. Clotfelter Automation Fee ............... ~~ JCS Fee . .................... (.~ , TOTAL ..................... $ Phone: (717)796-1930 Fax: 17171796-1933 Email: lindaclotfeltPr(o~T.ACT.AWFTRM C(1M a ~. DECREE OF THE REGISTER Estate of Richard J. Westermeier File No: ~/~- / . / who a/k/a: AND NOW, ~j~~.~kl~ ~ ~ o~~ (~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Heidi B. Muck in the above estate and (if applicable) that the instrument(s) dated Febtvarv 15, 2010 described in the Petition be admitted to probate and filed of r~pord as the lastaWill (at~i Codicil(s)) of Decedent of Wills Form RW-02 rev. /0/II/201( ~ Isa~ 2 Of Z LO RAR'S CERTIFICATION OF DEATH ~" ~ ~~ f ~t~i , Ito duplicate this copy by photos#at or photograph. ..tale i ~r v~ 1~~1! . Fee I'or this certificate, $6.(H)'~$~~ ~~~ (4 ~~ ~~~ ~~ This is to certify that the information here given is GG correctly copied from an,original Certificate of Death duly filed with me as local Registrar. The original certificate wi#1 be forwarded to the State Vital v~.~' , . ~i~l~r5 ~~~~f Records Office for permanent filing. P 188003~~fl~.r~ °~ SE~04~~ Certification Number Typ•/Pnnt In Permanent 71 VJ L~ Q t.] ~~ Local Registrar ~~a'G~ Date Issued COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ' CERTI FICYTE ~F ~EOTM 1. Dacedent•a Lapl Name Flrat, MIddN, last. Su s) 2. Sax 3. Socla Security Num r 4. Data of Dasth (MO DaYIVr) (Spell Mo) G sa. AB•-Last BIR •y Vrs) b. n r 1 Y• r 6 V d r 1 6. Date o BIRh (MO D•y ear (6pe11 Month) i+. BlRnpl•u (City Pnd 3t+te « For•IBn Country) Months Days Hours Mlnvbs $B taV ia. NY B1 Npvember..6 1930 Tb. alrtnpl.a. (cpYntyl Ge ease g+. Rafl enee SpH « ercl~n Ylrtry 6b. Realdanw (Sfrc•f and Number -Include Apt NnJ B c: DIA Decadent Liw n Ow s Ip - a n a w P (B ' a p1.Y•s, d•eetlerrc uyee In ]'3amnd¢n twp. sd. Resmerlca panty) eV i ¢ Cumberland g.. RoWnw (21p Code) _ r]Ne, d•wd)nt IW W wmm~ Ilmio pf any/boro. 8. Hvr In U6 ArmW Ferael 10. MBrn•I $i•tuF K Tlma of Death MarNetl WI ow0 11. 3urvlvlnB 3pou1•'s N+me (If wlf+, BW. nime prior tp rs[ m+MPB+) Q Yes ~ No QUnknown ~ Diverwd Q N+var M+Mad Q Unknow 13. Fafher'a Npm• (FIrs4 Mld M, Las[, 3 z) 13. Moth+Y's Name Prior to Fln< Mamlag• (First. MItldN. LeaU e 14•. Informant's Name 14b. 0.alNlonshlp to Decatlant 14c. In1Orm+nt's M+1 Ing A as (strcat +nd NumWr, CIN, sate. ZIp Code) rc ¢ H DeaM OCaurfed In a ItcaPn•1: m Inp•tl•m .... ... .. ....... .... 11 Deetn OOWretAd 50 Myn•N Otn Than a I~OSpn~(.~-~~~~~~~~~~~t~~HOSPice F+cifny ~~~~~Dec•d•nt'a~Morrv ems n wOOnVOY KIMt Da•tl On AMVaI Nun1n HOme/LOn -Term Grc Fad11 Other 16 cIN) lSb. F•U by Name. H n« InRhiRion, gN• strc•i and nuTber~ lac. CIN or Town, state. en 21p Cede 13d. County e1 De•Hi 36•. MKhetl N Dlfpwl[IOn gudal Crcmatlon 16b. Data Dlaposltlen 16c. Platy o DlapeattlOn (Name of wmNary, crematory, or otMr plawl p w•moval from area O Donatlon 20 i 2 OtMrs IfY O tember 4. EV8 8. e 18d. Lx•tlOn DlapesltlOn CIN or Town, state, and 21P) Zia. Sigh a un•rcl S•rvlee Veanfae er Parson rn ch+ryeeT Interment r 1 b. License Npm Schaa££arstown PA 17 8 FS O1 849 L Sic. Name and Complet•Atltlrcu N Funeral Faei11N • ra 6CS Inc. PO Sox 4 1 Nn b¢rland PA 17070-04 1 ~ IB. Dew ertt • E uc+tbn - Check t .box thN best describes the 1D. D•wdan[ of HISO•nic Ongin -Check the 20. Oecedant'a R+w - CM1ack ONE OR MORE r+ces to Indic+<e wh+t 1= hlgheft tl•grc• er level M school [empi•ted et lha tlma of tlesth. box that best describes whether the decadent the d•cetlant considered himsel/ Or herNlf t0 be. 0 8th grcde or lea is SP•nl+h/Hlspanl4l•tino. Check Ma ^Ne^ WM1IM Q KOr+an 0 NO diploma, iKM1 - 12M {reds bon If decedent Is no<Sp+nlsh/Hlawnic/Latine. Black Or Afrlwn AmeHCan Q Vletnamase High sehOOl irctlYab Or GED wmPl•t•d ®NO, net SP•nl+h/Hlawn14LaflnO 0 Amerlon Indian Or Alaska Native Q Other Asian Some wll dit Q V b t d M l Qt ga cre , no u eirce as, •x wn, M•xlcgn AmeHwn, Chicano Q Aflan Intll•n Q N+tlw Hawall+n ~ Nwel•te tl•grne (a.g- Afy A6) Q Yef, Puerto 0.lc+n Q CNIn•se Q Guamanian er Ch+morro Q Bachelor's dNn• fe•g• BA, A8, gs) O Vas, Cuban ~ Filipino ~ samoan Q Master's degree (a.g. MA, MS, MCng. MCd, MSW, MBA) O Yes, other spanlsh/Hlspanit/Le<In0 ~ laPanaaa Q Other Paclflc Islander Q DOCtorcta (a.g. PhD, CdO) or Prohsslonal dryrce (3pachy) Q Other (SpeciNl •. . MO OD DVM JD 21. Dec ant's Sing • R+ca Sa -Oeslgnatlon -Check ONLY ONE to Intllcab what the deeed•nt eenfid•rcd himself or herfeN ie be. 22a. Decedent's Uau+l Occupation - In Ica<. type of work Whtt• Q l+Panaaa Q Samo+n done during most Of working IIM. DO NOT USE RETIRED. Black er AMwn AmeDwn ~ Korc•n ~ Other Pacmc Islander j]American Indian or Alaak+NNlw QViatnamesa ODen't Know/N«SUre $t1 ¢rint¢nd¢nt )~ Asian Intll•n Q Other Aflan Q RNUSetl 23 b. Kind eI Buslnes Induf[rv Q CM1inasa Q NKIw Hawall•n O Other (SPaeIN) Q Flllplne Q Gu+m+nlan er Chamorro Steel £ turi a. eta ronOYnw D•• Mo 1y r 2 . 5 gMtu a arson rOnpunc rig +t en app u • c. Vcanw Num er gV MR90N WNO.PRONOVNCgS OR t~ CCRTIPI DBATtf ~ 1 Z(~t I ~~ (c N~030 S/~ 23tl D b Sl tl D . a o . gne ay r) 24. me o Den1t ~ ~t S~ Z-{~t~.~ ~ ~7J' V P/tr• 23.WH d1aBlCz•/n1FleY er feroner Cent+cNdi Yes o CAUSE OF OEATN Apprwdm+ta 26. PBnt 1. EnNf the chain of.woes-diseuef, Injuries, er compRwtlonf-that directly caused the death. DO NOT mtar terminal ewnn such as e•rdl•c arrest ~ Interval: respiratory arrest, or wnMCUlar flbrill whh o ut howin{ the KIOIOH~ DO NOT BREVIATE r o nl y §nfe on~ cause on + Ilne. Add addi[Ipn+l Ifnas if necessary / Onwt to Death ~ ( / ~ / '~ / f l L ~ ~ IMMEDIAT ~'• •.y ~~J ~~~ 6 CAU6E - ------> •. . /'/V(-/ (Final dlaaah or condition Dua to (or of • wnf•quente on: resul[Ing In death) ( i£ b. SequerNl•Ily Ifaf cpnenlOns, Dw t0 (Or as a eonwqu•nM ef): If any. 1•gtlln[ t0 fh• a•YS• ilsbd on Ilne +. Enter the O YNDIRLYINO GYBE Dua t0 (or BF • wns•qupnw.Ofl: i (tlls•ua or Inlurv that inltla[ad the events resulting d. I in tleaih) LAST. pue to (pr +a + tgnaequanw pfl: 26. Port 11. En4r «M1er qt no[ rasa tingln the under Ving cause given In Part 1 27. Was +n autgpaY parbrmatli Yaa ~~~qqq 28. re sYeopsy flntlings available to samplers the cause of tlaa<hi Y•f NO 29. If Fem•1•: 30. DI Tp +cce Usa ConMbute [o Dea[hi 31. Manner a Death Q Not pregnant whhln past war 0 Yea Q Probably I ~ HOm1Ude ~ Pregnant N time of death ~sfs~ ~ Unknown Q Accident Pending InY•stig•tlOn ~( j] Not pregnant, but pregnant whhin 02 dew Of death ~ sulOlde O Could riot rte determined $ Q Net pr•Bn.M, but pr•Bn+nt 43 dry. to 1 w+r b•IOra d.+Hi 32. Date eI lnlury (MO Day/Yr) (3pe11 Month) Q Unknown If Pwinant within the P•a[ war 33. Time Of lnlury 34. Pl+c• Of lnlury e.B. M1ema: cOnatrYatlOn ine: farm: fCh001) 33. LacsHpn Injury Street +nd NYmb.r, CIN, Staw, Zlp COdP) 36. Inury at Work 37. If TrcnaportNlOn Injury, SpadN: 30. Describe Mow Injury Occurred: p vas p Drwar/Dp•r•eor O P•d••> I• ( pedN) Q NO Q P+perYer Q Other 5 39a. GKMer (Check Only One): j7 GrtlNing phyalU•n -TO the bert N my knowledge, death eccurrotl due LO Lha cause(s) and manner stated O Proneundng i 4rtHying Phwic To the best of my knowledge, tl•ath occurred at the time, date, and piece, and due to the oase(s) +nd m+nnar sat.d O Matllwl pamlmr/Coronet +sY of axamina<len, and/Or InvaKlpflpn, In my opinion, de M teamed at the tlm•, date, end pleee, and due [o t h e wuae( s) n t tad +~d man ~ /y l ~ l l~ 31gna[urc Nwrtm•r' Title Ncertlfler: Vc•nsa Numbe /1•OY~I ~~3 !9 Addr.aa Ip P• O mple[I cafe Of eat m 367 39c. D•t Mygay(Yrl // ~ 40. RNI a s um ar 41. eglst(r . 0.•i rar O ate r V.'1 ~~ l _. 9 ~ ~~i~ 43. Ame QQ~**~~~TT O ~ vI~ I~A Q~ v DISp051[IOn POrmlt Ne. 1~ 74 tJ ~ ~ 1 H105-143 REV Oi/2011 la- ~4~,~ LAST YYILL x~ND T~ST~kHI~NT ti o ~., , ~ ~, ; ~ ,,; ^1 _ f~i r'r~ RICHARD J. WESTERMEIER c~~,,; ` '"^ r~ `',' ~=' g C,,, ~ ~ `' ~ r A i ti7 I, RICHARD J. WESTERMEIER, of Cumberland County, Pennsylvania, beifig of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. I declare that I am not married and I presently have one (1) child, HEIDI B. MUCK. All references in this Last Will and Testament to my child are references to HEIDI B. MUCK ARTICLE I FUNERAL AND OTHER EXPENSES I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as reasonably possible. However, my personal representative need not accelerate and pay those unmatured obligations which, in his or her opinion, it might be proper and more advantageous to retain or renew and pay as-they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his sole discretion, to purchase a burial plot and to erect a suitable grave mazker at my grave, and to expend sums from my estate for this purpose. Page 1 of 11 I~ ARTICLE II RESIDUE I give, devise and bequeath the rest, residue and remainder of my estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate to my daughter, HEIDI B. MUCK, providing that she survives me by thirty (30) days, per stirpes. It is further my desire that my personal representative, after consultation with any heir or heirs of mine who survive me, and in his or her own discretion, choose such articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and all other tangible evidences of intangible personal property) as he or she believes will be useful to such heir or heirs or desirable for him or her or them to have, either from a sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or among such heirs in equal or unequal shares as determined by the further exercise of his discretion, provided no other heir objects to the distribution. All tangible personal property not so distributed is to be sold, either publicly or privately, by my personal representative, adding the proceeds of such sale or sales to my residuary estate and to be disposed of in equal shares among my surviving heirs after payment of my estate debts, taking into account the tangible personal properly otherwise provided to them. Should my daughter, HEIDI B. MUCK, predecease me or die on or before the thirtieth (30th) day following my death, then I give, devise and bequeath the rest, residue and remainder of my estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate to my grandson, LEO P. MUCK, providing that he survives me by thirty (30) days, per stirpes. Page 2 of 11 !~ ARTICLE III TRUST Any devise or distribution under this Last Will and Testament which is payable to a beneficiary under thirty (30) years of age, or, in the judgment of the Trustee, mentally disabled, shall be held in a separate trust. I appoint my former spouse, KATHRYN A. WESTERMEIER, to serve as the Trustee of this Trust, which shall be held, administered and distributed as follows: A. Until the beneficiary has attained the age of thirty (30) years, the Trustee shall pay to or apply for the benefit of each beneficiary, so much of the net income and so much of the principal from the Trust estate as the Trustees, in his, her, or their discretion, deem necessary for the beneficiary's support, welfaze, maintenance and education. "Support" and "welfare" shall include any reasonable expenses necessary for the purchase of an appropriate means of transportation and the purchase of a primary residence. "Education" shall include secondary, college, and post-graduate study at any accredited institution for any period of time that, in the judgment of the Trustee, is advantageous to the beneficiary concerned and shall include reasonable amounts for all related living and travel expenses. B. The Trustee shall accumulate and add to principal any income not distributed during the yeaz. C. Should any of the beneficiazies die prior to the termination of the Trust, the remaining balance of his or her Trust shall be distributed to their surviving issue, per stirpes. If a Trust beneficiary dies leaving no issue, then his or her Trust shall be distributed in equal shares to the surviving Trust beneficiaries. D. If the Trust beneficiaries die prior to the terminafion of the Trust leaving no issue, then the Trust shall be distributed to my sister, BARBARA A. WESTERMEIER. Page 3 of 11 ~~ E. If my Trust beneficiaries die prior to the termination of the Trust leaving no issue, and my sister, BARBARA A. WESTERMEIER is deceased, then the Trust shall be distributed to my former brother-in-law, BRUCE C. KERSHENSKI. F. If at any time my beneficiaries are entitled to receive income or principal from this Trust while he or she is a minor, incompetent, or a person whom the Trustees deem unable to handle the funds properly or wisely if paid directly to him or her, the Trustees may, in his, her or their discretion, make payments in any one or more of the following ways: 1. To the natural guardian or legally appointed guardian of the person or estate of the beneficiary; 2. By making expenditures directly for the care, support, maintenance, or education of the beneficiary; or 3. To any person or organization furnishing care, support, maintenance, or education for the beneficiary. The Trustees shall not be required to see to the application of any funds paid or applied in any of the aforementioned ways and the receipt of the payee shall be full acquittance to the Trustees. The decision of the Trustees as to which of the aforementioned methods should be used in making payments shall be conclusive and binding on all parties concerned. G. No beneficiary or remainderman of the Trust created by the Will shall have any right to alienate, encumber, of hypothecate his or her interest in the principal or income of the Trust in any manner, nor shall any interest of any beneficiary by subject to claims of his or her creditors or liable to attachment, execution, or other process of law. H. The Trustees shall not be required to give bond or other security for the faithful performance of his or her duties and it is directed that the Trustees compensation, if any be at a reasonable rate. Page 4 of 11 ` I. The validity and administration of the Tnist established under this Last Will and Testament and all questions relating to the construction or interpretation of the Trust shall be governed by the laws of the Commonwealth of Pennsylvania. J. In all references herein to the Trust, beneficiary of the Trust, or Trustee, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text may require to affect the division of the estate between the beneficiaries as designated herein. ARTICLE IV TRUST POWERS In order to carry out the purposes of the Trust established by this Will, the Trustees, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: i. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; ii. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; iii. To engage in litigation and compromises, arbitrate or abandon claims; iv. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributes on a non-pro rata basis, and for such proposes to make reasonable determinations of current values; v. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gib or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected hereby; vi. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; Page 5 of 11 vii. To manage, control, repair and improve all estate property; viii. To procure and carry at the expense of the estate, insurance of the kinds, forms and amounts deemed advisable by the Trustees to protect the estate and the Trustees against any hazard; ix. To employ any attorney, investment advisor, accountant, broker, tax specialist, or any other agent deemed necessary in the discretion of the Trustee; and to pay from the estate reasonable compensation for all services performed by any of them; x. To conduct alone or with others any business in which I am engaged or in which I have an interest at my death, with all the powers of any owner with respect thereto, to invest other property held hereunder in such business and to organize a partnership or corporation to carry on such business; xi. To do all the acts, to take all the proceedings, and to exercise all the rights, power and privileges which an absolute owner of the property would have, subject always to the discharge of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied power of the Trustees; the Trustees shall have all additional powers that may now or hereafter be conferred on the Trustees by law or that may be necessary to enable the Trustees to administer the Trusts in accordance with the provisions of this Will, subject to any limitations specified in this Will. ARTICLE V ALTERNATE TRUSTEES In the event of the death, resignation, renunciation or inability of my former spouse, KATHRYN A. WESTERMEIER to act as Trustee, then I appoint my son-in-law, PAUL M. MUCK, in her place and stead with the same powers, rights, discretions, obligations and immunities. In the event of the death, resignation, renunciation or inability of my former spouse, KATHRYN A. WESTERMEIER and my son-in-law, PAUL M. MUCK, to act as Trustee, then I hereby direct that an appropriate bank or similar entity that is mutually agreeable to the surviving beneficiaries shall be appointed in their place and stead with the same powers, rights, discretions, obligations, and immunities. Page 6 of 11 ~~~ ARTICLE VI PERSONAL REPRESENTATIVE A. I appoint my daughter, HEIDI B. MUCK, as the personal representative of this Last Will and Testament. In the event of my daughter, HEIDI B. MUCK'S, death, resignation, renunciation or inability to act in that capacity, then I appoint my former spouse, KATHRYN A. WESTERMEIER, as the personal representative of this Last Will and Testament in her place and stead. B. No bond or other security shall be required of any personal representative appointed in this Last Will and Testament. C. I grant my personal representative the following powers in addition to and not in limitation of such powers as my personal representative shall hold by law: (i) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (ii) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. (iii) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (iv) To operate or liquidate any business that I may own at my death. (v) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his or her absolute discretion, it being my intention to give my personal representative the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. (vi) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representative shall see fit in his or her absolute discretion. (vii) To borrow money for the payment of taxes or for any other proper Page 7 of 11 ' /~ purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (viii) To compromise claims without court approval including, but not limited to, any controversies with the United States of America. or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (ix) To distribute in cash or in kind upon any division or distribution of my estate. (x) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. (xi) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him or her may seem best and to execute and deliver all instruments and to do all acts which he or she deems necessary or proper to carry out the purposes of this, my Last Will and Testament. ARTICLE VII SPENDTHRIFT CLAUSE No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his or her interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. ARTICLE VIII SURVIVAL If any provision of the Will or of any codicil thereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so faz as it is possible and reasonable. Page 8 of 11 ` ~~~ ARTICLE IX PAYMENT OF TAXES All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature, together with any interest and penalties thereon, payable by reason of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid as soon as practicable out of the residue of my estate. IN WITNESS WHEREOF, I hereunto set my hand to this my Last Will and Testament this / S~ day of February, 2010. WITNESSES: RICHARD J IER Page 9 of 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I, RiCHARB d. WESTERMEIER, the 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. in~nent 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. CHARD J. IER , Sworn or affirmed and acknowledged before me by RICHARD J. WESTERMEIER, the testator this L day of February, 2010. Nov~wt s~ . La1DA A CLpiFEITER NotaiY hf7Mo N twP 21 ~ o N T~4RY PUBLIC My eomrnUN°" Page 10 of 11 ~ /~~ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COIINTY OF Gil1~RLAND SS. ~' ~ ~? Ll aX~~~.1~ and u,ovf s~"~-1. ,the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw RICHARD J. WESTERMEIER sign and execute the instcurnent as his Last W~li and Tes~ent; that he sighed v~nlhngly anti that he executed it as his free and voluntary act for the purposes therein expressed; Shat each subscribing witness. in the hearing and sight of the testator signed the Last Will and. Testament as witnessed and that to the best of our knowledge the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed and subscribed before me by ~~'-'~ D 1`~~ and r-r ~ ~ this ~~h day of February, 2010. niow~uu a~x UNDu1 A CWIFELIER H ncu~ No ctm TARY PUBLIC eny 6ortnY~Non e~plr..,hn:t, 2010 Page 11 of 11 /~~