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HomeMy WebLinkAbout09-26-12Reset 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: JOI-IN F. BRADSHAW a/lc/a: a/lc/a: a/k/a: Date of Death: SEPTEMBER 19, 2012 File No: /~I ' ~ /~ - I (~~'~~ (Assigned by Register) Social Security No: 100-34-7721 Age at death: 69 Decedent was domiciled at death in CUMBERLAND County, PF,NNSYI,VANTA (Stare) with his/her last principal residence at 2738 ROSEGARDEN BLVD. SOUTH, MECH. 17055 UPPER ALLEN TWP CUMBERLAND Street address, Post Office and Zip Code City, Township or Borough County Decedent died at LIFECARE HOSPITAL 4950 WILSON LANE MECH. 17055 UPPER ALLEN TWP CUMBERLAND, 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 Pennsylvania ............................All personal property $ 100,000.00 If not domiciled in Pennsylvania ........................Personal property in Pennsylvania $ If not domiciled in Pennsylvania . .......................Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ 2~n,000.00 TOTAL ESTIMATED VALUE.... $ 330,000.00 Real estate in Pennsylvania situated at: 2738 ROSEGARDEN BLVD. S., MECI-I., PA 17055, UPPER ALLEN TWP, CUMBERLAND (Attach additional sheets, if necessary.) Street address, Post Office and 'Lip 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 JANUARY 27, 2012 and Codicil(s) thereto dated NONE i~FATH (~F KARFN A RRAi~SHAW - ~FPTF.MRF.R 17, 210? State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not 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(g), 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 Q EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) c. t. a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate If Administration, e.t.a. or d.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(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necessary): Name Relationshi Address c ..- .~, _ ~'~ ~ ~ ~ ~C7 ~ E N ~~r' ~ ~~- C~ ~--, ,. ~ ;°_` . ~ - N l.•- L ~~ ti Form RW-02 rev. 10/l1/2011 page 1 Of 2 ;~~ v Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } } SS: } To the Register of Wills: Please enter my appearance by my signature below: Petitioner(s) Printed Name Petitioner(s) Printed Add~~~:'~ ^' ' ~' Kimberl A. Weindorf .::= C`> 11 Alma Lane E. North ort NY 11731 ~--~ =::3 r--,. ~ ~ "" --~ t\~: The Petitioner(s) above-named swear(s) or affirm(s) the statements in the fpre~oing Petition are true and correct t he best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent,-fh~~etitioner(s) wil ell d tr` ly inister the estate accor ing to 1 w. ,~.. ~r r, n ~ ~ Sworn to r affirmed a d subscribed before ~ Date C7 me th's ~ th day o T ~f~/ ~. `, ~ . /j ,. Date gy: ` („ ~ Date or the Register Date BOND Required: Q YES Q NO FEES: ~, Er"+ Let ers ...................... $ (~~ )Short Certificate(s)...... ' ~` ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other ........ Attorney Signature: F~ Printed Name: Shelly J. Kunkel, Esq. Supreme Court ID Number: 64485 Wion Zulli & Seibert Automation Fee . .............. ., JCS Fee . .................... iU1 TOTAL ..................... $ ...~.~.-... Official Use Only ~, ~, ~~ r~ ~, ' x ~ z~ ~ ~ , r.t...t (' Z: _ Cry ~: ; ~ ~: _ .~__ 236-9301 X717) 236-6100 ~lriinlrPl ~z»c(~1111Y1C1C11~ Y111~ rnll"1 Firm Name: Address: ~~d~ DECREE OT THE REGISTER Estate of JOHN F. BRADSHAW a/lc/a: n __ AND NOW, y,~ satisfactory proof having ~j„~~~f~ ~~ ~% /~ in consideration of the foregoing Petition, presented before me, IT IS DECREED that Letters ~ `'C~ /~~/~ ~"~!- _ are hereby granted to /l~ ~'/'~ in the above estate and (if applicable) that the instrument(s) dated described in the Petition be admitted to ate and filed of record as the last W Register of Wills Form RW-Ol rev. 10//1/2011 File No: ~~' ~~ -~`~. i a~~ ~~,1~,~~C~~~1 '# ~) ~ ~ )~ ,ar.aJ ~ 2 5EP 25 P~{ 2~ 13 ,t .., QFcP~ i~~ ~ ~,~~.~#~r CUMBERI.~ND CO.. PA ~..~ ~~ ~ COMMONWEALTH OF PENNSYLVANIA ~ DEPARTMENT OF HEALTH ~ VITAL RECORDS CERTIFICATE OF DEATH _ __. __ Type/Print In Permanent Black Ink ~~ ~r-- v `~ Q I' 0 0 O_ Z 1. Decedent's Legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number .Date of Death (Mo/Day/Yr) (Spell Mo) _J O ~1~ F - ~-~ ~-`n~ S ~ `R ~^, Male 100 .- 34 - 7721 q Sa. Age-Last B(rthday (Yrs) Sb. Under 1 Year Sc. Under 1 Day 6. Date of Birth (Mo/D ay/Near) (Spel l Month) 7a. Birthplace (City and S tate or Foreign Country) Months Days Hours Minutes Schenectad NY 69 February 6 , 1 943 7b. Birthplace (county) Schenectad 8a. Residence (State or Foreign Country) 86. Residence (Street and Number -Include Apt No.) Sc. Did Decedent Live in a Township? Penns lvania 2738 R d Bl d S h ,Yes, decedent lived in Upper A11en twp- 8d. Residence (county) osegar en v _ , out Cumberland 8e. Residence (Zip Code) 1 7055 QNo, decedent lived within limits of city/boro. 9. Ever in US Armed Forces? 10. Marital Status at Time of Death Q Married ~ Widowed 11. Surviving Spouse's Name (If wife, give name prior to first marriage) Q Yes ~ No Q Unknown Q Divorced Q Never Married Q Unknown 12. Father's Name (First, Middle, Last, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, Last) Benjamin F. Bradshaw Grace Ida VanBuren 14a. Informant's Name 146. Relationship to Decedent 14c. Informant's Mailing Address (Street and Number, City, State, Zip Code) o Kimberly A_ Weindorf Daughter 11 Alma Lar>e, East Northport, NY 11731 15a. P ace of Death (C eck onl e) _ If Death Occurred in a Hospital: I-I Inpatient : If Death Occurred Somewhere Other Than a Hospital: Q Hospice Facility Q Decedent's Home ~ Q Emergency Room/Outpatient Q Dead on Arrival _ Nursin Home Lon [~ g / g-Term Care Facility Q Other (Specify) w 156. Facility Name (If not institution, give street and number; 15c. City or Town, State, and Zip Code 15d. County of Death LL Life Care Hos ital Mechanicsbur PA 17055 Cumberland - 16a. Method of Disposition ~ Burial Q Cremation 16b. Date of Disposition 16c. Place of Disposition (Name of cemetery, crematory, or other place) Q Removal from State Q Donation September 24 , Slate Hi 11 Cemetery Q Other (Specify) 201 2 16d. Location of Disposition (City or Town, State, and Zip) 17a. Signature of user ice Lice a or Person in Charge of Interment 17b. License Number a Camp Hi11, PA 17011 d FD 013 340 L ~ 17c. Name and Complete Address of Funeral Facility Parthemore FH & CS, Inc., P_O. Box 431, New Cumberland, PA 17070 18. Decedent's Education -Check the box that best describes the 19. Decedent of Hispanic Origin -Check the 20. 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 describes whether the decedent the decedent considered himself or herself to be. Q 8th grade or less is Spanish/Hispanic/Latino. Check the "No" ~] White Q Korean Q No diploma, 9th - 12th grade box if decedent is not Spanish/Hispanic/Latino. Q Black or African American Q Vietnamese Q High school graduate or GED completed ~ No, not Spanish/Hispanic/Latino Q American Indian or Alaska Native Q Other Asian Q Some college credit, but no degree Q Ves, Mexican, Mexican American, Chicano Q Asian Indian Q Native Hawaiian Q Associate degree (e.g. AA, AS) Q Yes, Puerto Rican Q Chinese (~ Guamanian or Chamorro Q Bachelor's degree (e.g. BA, AB, BS) Q Ves, Cuban Q Filipino Q Samoan '~ Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA) Q Ves, other Spanish/Hispanic/Latino Q Japanese Q Other Pacific Islander Q Doctorate (e.g. PhD, Ed D) or Professional degree (Specify) Q Other (Specify) e. MD, DDS, DV M, LLB, JD 21. Decedent's Single Race Self-Designation -Check ONLY ONE to indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation -Indicate type of work Q White Q Japanese Q Samoan done during most of working life. DO NOT USE RETIRED. Q Black or African American Q Korean Q Other Pacific Islander Q American Indian or Alaska Native QVietnamese QDon't Know/Not Sure PrOfeSSiOnal Engineer Q Asian Indian Q Other Asian Q Refused 22b. Kind of Business/Industry Q Chinese Q Native Hawaiian Q Other (Specify) Q Filipino Q Guamanian or Chamorro En ineerin ITEMS 23a - 23d MUST BE COMPLETED BY PERSON WHO PRONOUNCES OR 23a. ate ronounc d Dead (MO/Day/Yr) ~~ 23 b. Signature of Person Pronouncing Death (Only when applicable) 23c. License Number CERTIFIES DEATH y 1 -" ~ ( ~ ~~ ~~ ~~ J r, 23d. D to igned (M /Day/Yr) 24. Time De ~ _ l! ' 25. Was Medical Examiner or Coroner Contacted? Q Yes Q No CAUSE OF DEATH Approximate 26. Part I. Enter the chain of events--diseases, injuries, or complications--that directly caused the death. DO NOT enter terminal events such as cardiac arrest. Interval: respiratory arrest, or ventricular fibrillation w i thout showing the etiology. DO NOT ABBREVIATE. E nt er only one on a line. Add additional lines if necessary Onset to Death ca us e ` ~ ~ - y ~ / ` IMMEDIATE CAUSE ~ a. ~~` `~ ~~~~U ~~ Cy ~'--~y~ ~` G' , ~c' v T (Final disease or condit(on Due to (or as a consequence of): resulting in death) b. Sequentially list conditions, Due to (or as a consequence of): if any, leading to the cause listed on line a. Enter the c. UNDERLYING CAUSE Due to (or as a consequence of): w (disease or injury that initiated the events resulting d. w v in death) LAST. Due to (or as a consequence of): S 26. Part It. Enter other sienifica nt conditions co ntributinQ to death but not resulting in the underlying cause given in Part 1 27. Was an autopsy performed? 0 Q Yes o ~_ 28. Were autopsy findings available to complete the cause of death? Q Ves No 29. If F m ale: e 30. Did Tobacco Use Contribute to Death? 31. Man er of Death E ,- - ~ f' ~ IVOt pregnant within past year Q Ves Q Probably atural Q Homicide u ! Q Pregnant at time of death Q No ~tJnknown Q Accident Q Pending Investigation m Q Not pregnant, but pregnant within 42 days of death ~ Suicide ~ Could not be determined ~°- Q Not pregnant, but pregnant 43 days to 1 year before death 32. Date of Injury (Mo/Day/Vr) (Spell Month) Q 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, State, Zip Code) 36. Injury at Work 37. If Transportation Injury, Specify: 38. Describe How Injury Occurred: Q Yes Q Driver/Operator Q Pedestrian Q No Q Passenger Q Other (Specify) 39a. C - ier (Check only one): Certifying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated Q Pronouncing g. Certifying physician - To the best of my knowledge, death occurred at the time, date, and place, and due to the cause(s) and manner stated nat~ion, and/or investigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner stated Q Medical Examiner/Coroner - O ie~'~' of exa~ ~ Signature of certifier: Title of certifier: License Number: 39b. Name, Address and Zip Code of Person Completing Cause of Death (Item 26) 3 r ~r~ i '7 o c ° Y r ' ' L - ~ ' 39c. Date Sig ed (MO/Day/Yr) ~ 2 7 - -c L. s y /~ ~ G o a~ r7-- G ~ /~ y~,r re t C rc ~ ~-~ r,a-r~^ ~ i 9 zoo i z 40. Registrar's District Number 41. Registrar's I nature 42. Registrar File Date (Mo/Day/Yr) 43. Amendments Disposition Permit No. O l ~J Lo OT / H 105-143 REV 07/2011 LAST WILL AND TESTAMENT OF JOHN F. BRADSHA W ~..., ~~ ~ ~ .:, -~ ~ ~ ~' ~'' ~ V r ~-. ... ~ ~-_._ ~ ~, ^ _T.~ ~.. ~ ~. ~j ~ _ r--- : T~ ; ~. -~ I, JOHN F. BRADSHAW, of 2738 S. Rosegarden Boulevard, Upper Allen Township, Cumberland County, Pennsylvania, being of sound aria u~5t:c-sA~~g ttiiiiu u~~u ~~~,,...~~,, :~.. L, publish and declare this to be my Last Will and revoke any Wills and codicils previously made by me. ARTICLE ONE Specific Bequest of Tangible Personal Property I give and bequeath all of my tangible personal property, including, but not limited to, all my automobiles, furniture, furnishings, books, pictures, jewelry, china, linen, silver, clothing, household effects and personal effects, and other tangible personal property of like nature (not including cash, securities and other property used for the production of income), together with any existing insurance thereon to my spouse, KAREN A. BRADSHAW (hereinafter my "Spouse''), if my Spouse survives me by thirty (30) days. In the event that my Spouse predeceases me or does not survive me by thirty (3 0) days, my tangible personal property shall be divided by my executor into as nearly equal shares as practical giving due regard for their personal preferences and distributed among my children, KIMBERLY A.WEINDORF and IIEATHER L. SCHENK, who so survive me, per stirpes. ARTICLE TWO Residuary Estate I give, devise and bequeath all of the rest, residue and remainder of my estate, of whatever nature and wherever situated, to my Spouse, KAREN A. BRADSHAW (hereinafter my "Spouse"), if my Spouse survives me by thirty (30) days; or, if my Spouse predeceases me or does not so survive me, in equal shares to my children, KIMBERLY A. WEINDORF and HEATHER L. SCHENK, who so survive me, per sti~pes. WION ZULLI & SEII3ERT LAST WILL & TES"LAMENT OF .IOHN F. BRADSHA W ~~~ Yage I of ' 10 ARTICLE THREE Grandchildren's Trust In the event that my spouse and children have predeceased me or not survived me by thirty (30) days and one or more of my beneficiaries is a grandchild who has not attained the age of twenty-five (25) years at the time of my death, the shares of my residuary estate payable to those grandchildren shall instead be payable to my Trustee, hereinafter named, in trust nevertheless, to be divided into equal separate shares so that there is one share representing each grandchild who survives me and who is under the age of twenty-five (25). Each such separate share shall be retained by my trustee, in trust nevertheless, as a separate trust estate tc; be held, managed, administered and distributed for. the benefit of that grandchild as set forth herein. During the term of any Trust created pursuant to this Paragraph, my Trustee is authorized to expend and apply, from time to time, so much of the net income and principal of said trust as my Trustee, in his sole discretion, shall consider, advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate) of my said grandchild until the attainment of twenty-five (25) years of age, or until all such amounts are paid out of the Trust. It is my intention that the expenditures to be made on behalf of my said beneficiaries will vary as the needs of the respective grandchildren change. At or upon a grandchild attaining eighteen (18) years of age, the Trustee shall distribute up to 1 /3 of the principal and accumulated income to or for the benefit of and upon request of the said grandchild; 1/2 of the then remaining principal and accumulated income at or after my grandchild attains twenty-one (21) years of age; and the then remaining balance of principal and accumulated income upon my grandchild's attainment of twenty-five (25) years of age, whereupon any Trust created hereunder shall be terminated. If a grandchild should die before final distribution of the trust assets, I direct that the affected Trust shall terminate and any remaining Trust assets shall be redistributed in accordance with the priority of beneficiaries I have establi~;hed for my residuary estate v,~I~ich is set for ~l1 in ARTICLE TWO hereinabove. ARTICLE FOUR Payment of Taxes and Administrative Expenses I direct that all estate, inheritance and other death taxes (other than generation-skipping transfer taxes), and all interest and penalties thereon imposed by reason of my death with respect to property subject to such taxes by reason of my death, whether such property passes through my probate estate or outside of my probate estate, and payable to any federal, state or foreign taxing WION ZULLI & SEIBERT LAST WILL & TESTAMENT OF JOHN F. BRADSHA W Page 2 of 10 authority, whether payable by my estate or by any recipient of such property, and all estate administration expenses, shall be paid to the extent possible out of my residuary estate passing under ARTICLE TWO hereinabove. ARTICLE FIVE Protective Provisions The principal of my estate and the income therefrom, so long as the same are held by my Executor, shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his/her interest in my estate, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my Executor for any liability of said beneficiary, whether such liability arises from said beneficiary's debts, contracts, torts, or other engagements of any type. ARTICLE SIX Powers of Fiduciaries In addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, my Executor and any Trustee or other fiduciary appointed hereunder shall have the following rights and powers exercisable without the need for court approval: (A) Accept and Retain Investments. To accept and retain any form of real or personal property received by transfer, devise, bequest or otherwise without being required to diversify and without being limited to the types of investments in which fiduciaries are authorized by law to invest. This authority shall specifically include the authority to accept and retain any stock of a corporate fiduciary hereunder, or in any corporation which controls or is controlled by it, or any other corporation in which it holds any ownership interest, together with any stoci{ a~viue~~us r:,celvcu ~hereor~, yr atiy st:~::x a„.~a1..,:. ~~:.~ ~..., .,ncrc_~e of sub~~,~~ Lion ri ts, or received by reason of any consolidation, merger or reorganization, without liability for such retention. (B) Invest. To invest and reinvest in any form of real or personal property without limitation by any law applicable to investments by fiduciaries. (C) Voting Rights. To vote a security in person or by proxy, to participate in or consent to any merger, reorganization, dissolution, liquidation, voting trust plan, or other action affecting any securities held hereunder, and; to exercise conversion, subscription, and other rights of whatever nature. WION ZULLI & SEIBERT LAST WILL & TESTAMENT OF JOHN F. BRADSHA W Page 3 of ~ 10 (D) Title To Property. To register or hold securities and/or other property in the name of a nominee or nominees, including that of a clearing corporation, a depository, in book entry form, or to retain securities and/or other property unregistered or in a form permitting transfer by delivery. (E) Sale, Lease and Other Dealings with Property. To sell, from time to time, at public or private sale, exchange, lease, encumber, option or otherwise dispose of all or any portion of assets held hereunder; to make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted hereunder, which shall specifically include the authority to grant leases which extend beyond the period authorized by law, and; to partition, subdivide, improve and impose any restrictions on reai estate held hereunder and enter into agreements concerning the partition, subdivision, improvement, zoning or management of any such real estate. (F) Borrow. To borrow money from any person or institution and pledge property as security for repayment of funds. (G) Distributions in Kind. To make distributions in cash or in kind, or partly in each, and; to allot different kinds of property to different shares without regard to differences in the income tax basis of such property. Any such designation, division, allocation, apportionment or valuation of property shall be binding and conclusive on all parties. (H) Power to Distribute Outright. In any instance where property would be immediately distributable to a beneficiary of a trust, distribution may be made directly to such beneficiary without funding such trust. The receipt of any such distribution by any such beneficiary shall be a full acquittance of the fiduciary making such distribution as to any amounts so distributed. (I) Settle Claims. To institute, prosecute and defend any and all legal proceedings; and compromise, release, adjust and/or settle any debt or claim. (J) Employment of Ate. To employ agents including attorneys, accountants, and o~~ltrs o rer~~~tr. u..~..lililStiu~~.a, ..-\3f1LJ• (K) Disclaimer. To disclaim. any interest in property which would devolve to me or to my estate by whatever means, including but not limited to the following means: as a beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee/beneficiary of an inter vivos transfer, as a beneficiary under any insurance policy, as a beneficiary under an individual retirement account or annuity, and as a beneficiary under any qualified or non-qualified retirement plan. (L) Property Distributable to Minors and Persons Under a Disability. Any property (whether income or principal) distributable to a beneficiary of my estate who is under a disability may be paid directly to such beneficiary, to the parent or guardian of such beneficiary, to a WION ZULLI & SEIBERT LAST WILL & TESTAMENT OF JOHN F. BRADSHA W Page 4 of 10 custodian selected by my Executor (other than my Executor) under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state, or to persons caring for or having custody of such beneficiary (other than my Executor), or may be applied for such beneficiary's benefit by payment to such other persons, organizations or institutions (other than my Executor) as my Executor may select, and the receipt of any such payee shall be a full release therefor. The receipt of any such payments by any such person shall be a full acquittance of my Executor as to any amounts so paid. Any beneficiary hereunder shall be considered to be under a disability while under the age of twenty-one (21) years or at any time when, in the opinion of my Executor, such beneficiary is incapacitated i~~ any way so as to be unable to properly manage his/her affairs. (M) Closely Held Business Interests. With respect to any interest in a sole proprietorship or closely held businesses, including but not limited to corporations, partnerships and limited liability companies (any such sole proprietorship or closely held businesses is hereinafter called a "Business"), my Executor shall have the following rights and powers in addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, exercisable without the need for court approval: (1) To retain and continue to operate a Business for such period as my Executor may deem advisable without regard to the general fiduciary principle of investment diversification (2) To acquire interests (including minority interests) in a Business either for cash or with borrowed funds and to retain all or part of any such investment in a Business for such period as my Executor may deem advisable without regard to the general fiduciary principle of investment diversification. (3) To control, direct and manage a Business. In this connection, my Executor shall determine the manner and extent of their active participation in the operation and supervision, and my Executor may delegate all or any part of their power to supervise and operate, to such person or persons as they may select, including any associate, partner, officer or employee of a Business. (4) To hire and discharge officers and employees, fix their compensation and define their duties; and similarly to employ, compensate and discharge agents, attorneys, consultants, accountants and such other representatives as my Executor may deem appropriate; including the right to employ any beneficiary or Trustee in any of the foregoing capacities. (5) To take any action required to change or to participate in the organization of a Business to a corporation, limited liability company or partnership, partnership, limited partnership, or other organizational form. WION ZULLI & SEIBERT LAST WILL & TESTAMENT OF JOHN F. BRADSHA W Page 5 of 10 I~ (6) To elect or consent to the election to be taxed in accordance with the provisions of Subchapter K or S of the Code. (7) To execute or consent to the execution of shareholder, joint venture and partnership agreements and amendments thereto and to participate in the recapitalization, merger, consolidation, reorganization, liquidation or dissolution of a Business. (8) To treat a Business as an entity separate from any trust hereunder. In their accountings to the court (if any are made) and to any beneficiaries, my Executor shall only be required to report the earnings and condition of a Business in accordance with standard accounting practice. (9) To retain in a Business such amount of the net earnings for working capital and other purposes of the Business for working capital and other purposes of the Business as my Executor may deem advisable. (10) To diminish, enlarge or change the scope or nature of a Business. (11) To purchase, process and sell merchandise of every kind and description; and to purchase and sell machinery and equipment, furniture and fixtures and supplies of all kinds. (12) To sell or liquidate all or any part of a Business at such time and price and upon such terms and conditions (including credit) as my Executor may deem advisable. (13) To exercise any of the rights and powers herein conferred in conjunction with another or others. ARTICLE SEVEN Fiduciaries (A) Appointment of Executor. I appoint my spouse, KAREN A. BRADSHAW, as Executor of this Will (my said Executor and any successor Executor or co-Executors shall be referred to herein as my "Executors" or "Executor"). Upon the death, renunciation or resignation of my spouse, I appoint my daughter, KIMBERLY A. WEINDORF, as successor Executor. (B) Appointment of Trustees. In the event that my daughter, Kimberly A. Weindorf, predeceases me or does not survive me by thirty (30) days and leaves minor issue to inherit a share of my estate by representation, Inominate, constitute, and appoint her spouse and my son-in-law, JASON J. WEINDORF, of East Northport, New York, as Trustee of any trust created hereunder for the benefit of those minor grandchildren who are children of Kimberly A. Weindorf. Alternately, in the event that my daughter, Heather L. Schenk, predeceases me or does not survive me by thirty (30) days and leaves minor issue to inherit a share of my estate by representation, Inominate, constitute, and appoint her spouse and my son-in-law, TIMOTHY WION ZULLI & SEIBERT LAST WILL & TESTAMENT OF JOHN F. BRADSHA W Page 6 of 10 M. SCHENK, of Montgomery, Texas, as Trustee of any trust created hereunder for the benefit of those minor grandchildren who are children of Heather L. Schenk. In the event of the death, resignation, refusal or inability of either JASON J. WEINDORF or TIMOTHY M. SCHENK to serve as my Trustees, I nominate, constitute and appoint JOHN CAFFREY, of Hauppauge, New York, to fill such vacancy and to serve as my successor Trustee for the affected trust only. The last acting Trustee as named above in this Will shall have the power to designate his successor which shall take effect in the event of the death, resignation, refusal or inability of the last acting Trustee to so serve. (C) Miscellaneous. Any successor Executor or Trustee named hereunder shall succeed to the capacity of its predecessor without re-conveyance or transfer of property and have all of the rights, powers, authorities and discretion conferred upon the original fiduciary. No successor Executor or Trustee shall be obligated to examine the accounts, records, or acts of a previous Executor, as the case may be, nor shall any such successor Executor or Trustee in any way or manner be responsible for any act or omission to act on the part of any such previous fiduciary, as the case may be. No Executor or Trustee serving hereunder at any time shall be required to file any bond or enter security in any Court or jurisdiction in which such fiduciary may be called upon to act. ARTICLE EIGHT Interpretation (A) Child, Children, Grandchild Grandchildren and Issue. Whenever the terms "child," "children," "grandchild," "grandchildren" and "issue" are used herein, such terms shall be interpreted to include adopted persons as well as natural persons, provided in each instance that the adoptee is under the age of eighteen (18) years at the time of adoption. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. In applying any provision of my Will which refers to a person's "issue, per stirpes", the children of such person are heads of their respective stocks of issue, whether or not any child of such person is then living. (B) Survival Clauses. If any beneficiary hereunder should die within thirty (30) days after my death or within thirty (30) days after any other person the survival of whom determines such beneficiary's rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person, as the case may be, for all purposes hereunder. (C) Governin~Law. This Will shall be construed and governed in all respects by and in accordance with the laws of the Commonwealth of Pennsylvania. WION ZULLI & SEIBERT LAST WILL & TESTAMENT OF JOHN F. BRADSHA W Page 7 of 10 ,~ (D) Gender and Number. Where appropriate except where the context otherwise requires, whenever used herein, the singular includes and plural, the plural the singular and words of any gender shall be applicable to all genders. (E) Headin sg /Captions. The headings/captions of Articles, Sections and Paragraphs used herein are for convenience of reference only and shall have no significance in the construction or interpretation of this Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of ten (1 C} typewritten pages, including this attestation clause and the followin Acknowledgment and Affidavit, to be executed, declared «~.u f,til~l;shed t~li~ da of~ !~ 012 at Harrisbur ,Penns lvania. -L~ Y - ~ g Y HN F. BRA~SHAW On this a~ day of _, 2012, JOHN F. BRADSHAW declared to us, the undersigned, that the fo going ins rument was his Last Will, and he requested us to act as witnesses to the same and to his signature thereon. He thereupon signed said Will in our presence, we being present at the same time. We now, at his request, in his presence, and in the presence of each of us, hereby subscribe our names as witnesses thereto. By so doing, each of us declares that he or she believes this Testator to be of sound mind and memory. Wi ses: Witness .~ ! ~! ~~ Witness Address: ~L ~f} / 7//0~ _~_ -- WION ZULLI c~ SEIBERT Page 8 of 10 LAST WILL & TESTAMENT OF JOHN F. BRADSHA W ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN I, JOHN F. BRADSHAW, 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 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. ~ab~~ J N F. BRAll AW Sworn or affirmed and acknowledged before me by JOHN F. BRADSHAW, the "Testator this ~~ay of , 2012. ,--- (SEAL,) Nt'1 d Pl~Vli~ My Commission Expires: C+~JMM7'~l4NEAt.TH OF PENNSYLV~":NfA R~~.:~?':~.~=J;~~~.. ,SQL pp ((~~ 1 1 i p 4'~,~' f /~ WION ZUI,LI & SEIBERT LAST WILL & TESTAMENT OF JOHN F. BRADSHA W Page 9 of 10 ~ RFTTI O VTT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN We S~ ~ ~• ~,~ ~_ ,and ~Z~C`1~'~ ~- G'~~t:.l~f~'~'r~~'~ ,the y witnesses, whose names are signed to the attached or foregoing instrur~~ent, beinb duly qualill.ed according to law, do depose and say that we were present and saw JOHN F. BRADSHAW, sign and execute the instrument as the Testator's 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 the time twenty-one (21) or more years of age, of sound mind and under no constraint or undue influence. ~_ Witness .9 j ^ ^x Witness Sworn or arrirmeu ~~ and ackr~ovv~ed~ec~ ~rfo~~, me oy _ ~_ ~, and ~'~~~~~~ ,1.~- ~V~~~~~' ~~~~~~~ ,the witnesses, this~`~ %~ day of t~.~~-~~-~ , 2012. ~ '~ r (SEAL) Nota ublic __ ~~~~b~~.~H ar- ~~rvNSnv~a~v~~ My Commission Expires: ~~ C t~.k""el, Cif}~ o~ i~a~l"ic'I~;M;; yj, ~~tx~~'si3~ l:Gllf?ty My Cammissior Expires August 17, 2014 WION ZULLI & SEIBERT LAST WILL & TESTAMENT OF JOHN F. BRADSHA W Page 10 of 10 ~__