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HomeMy WebLinkAbout09-27-12Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/aze 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 ~~ I _ ' a~~ (t~ / ? Name: Judith E Ramev File No: l,~ lD-~ a/k/a: Judv Ramev (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 09/11/2012 Age at death: 72 Decedent was domiciled at death in Cumberland County, pA (ware) with his/her last principal residence at 5 Laurel Dr, Mechanicsburg 17055 Upper Allen T~,vp Cumberland Street address, Post Office and Zip Code City, Township mr Borough County Decedent died at Harrisburg Hospital, 111 S Front St, Harrisburg, 17101 Harrisburg Dauphin PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: ljdomiciled in Pennsy!vania ............................ All personal property $ 11,895.00 !f not domiciled in Pennsylvania...., .. ................. Personal property in Pennsylvania $ ljnot domiciled in Pennsy!vania ........................ Personal property in County $ Value ajrea[ estate in Pennsy[vania ..................... .................................... $ 155.000.00 TOTAL ESTIMATED VALUE.... $ 1 G6,895.00 Real estate in Pennsylvania situated at: 5 Laurel Dr, Mechanicsburg, 17055 Upper Allen Tw p Cumberland (Attach additional sheets, ifnecessary.) Street address, Poet Office and Zip Code City, Township or Borough Caunly ® 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 Deoedent, dated thereto dated 9/28/2010 and Codicil(s) State relevant circumstances (eg. renundodon, death of executor, ~etcJ Except as follows: afterthe execution of the instmment(s)offered for probate Decedent did notmarry, was notdivorced, was notaparty toapending 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 bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ©' NO EXCEPTIONS ~ EXCEPTIONS © B. Petition for Grant of Letters of Administration ([f applicable) c. t.a., d.b. n., d.b.n. c.t.a., pendenre dire, durante absentia, durante minoritate If Administration, c.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 toapending 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 adjudioated an incapacitated person. © NO EXCEPTIONS Q EXCEPTIONS r..+ O Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spot$~ fiFany) and lf~ additional sheets, if necessary): ~ ~, ~ '.~ Name Relationshi Address '' J ~~_ ~ - tV ih, I `r~G, i T! T ~~ 7 pnrm xw-oz reg. roinann Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland _ } RF~;;O~?G`ECP~~'~~ ~ 012 SEP 27 PH I t 42 Petitioner(s) Printed Name Petitioner(s) Printed A g Dana R Goldin er 209 Ge Ave, New Cumberland, PA 1 S LQ~T The Petitioner(s) above-named swear(s) or affirm(s) the state ~t in the foregoing Petition aze true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) oft Dece t, the Pet ' ~~ will well and tmly administer the estate actor g to la . Sworn to or affirmed a subscribed before Date 9 e27 oZ,_ me th' a o£ ,, ) IZ Date B ~ Date Fo h Register Date BOND Required: Q YES ~ NO FEES: Letters ................... ... $~ (~ )Short Certificate(s)... .. . ( )Renunciation(s)...... .. . ( )Codicil(s) .......... .. . ( )Affidavit(s).......... . . Bond ..................... ... Commis ~on ..; .t ......... .. . _ Other ~...... .. \~ ' Automation Fee ............. .. 1CS Fee. ....... TOTAL ................... .. $ ~~ To the Reglsrer of Wi[!s: Please enter my appearance b;y my signature below: Attorney Signature: Printed Name: Supreme Cour[ ID Number: Firm Name: Address: J r r DECREE OF THE REGISTER Estate of J ith E Ram File No: ~ ~ ~ ~ ~ ~~~~ a/k/a: AND NOW, c~712 ~ in consider lion of the oregoing Petition, satisfactory proof having been presented be ore me, IT I DECREED that Letter are hereby granted to ~~„~~~~~,,~~ in the ab ve estat an pplicable) that the instrument(s) dated ~~ ~ ~ described in the Petition be admitted to probate and filed ofy~cord ~ the last ~/ill (and Codic' (~)) of~Decede t t'orm Rw-oz reg. Jonvzni! I'~ v Page 2 of 2 v ncC , Fee for This certificate, $6.00 Certification Vumber "Chic is to certify that the information here given i; ZQ~2 ~EP Z~ PM ~ ~ 4 q correctly copied from an original Certificate of Deati L duly filed with me as Local Regis[rac The origina certificate will he forwarded to the State Vita ..lt~sl ,~ Records Office for permanent filing. P 18 8 61 C 7 7CtJM~p~'~~ t~ ~~~ ~ 1,~,.~, ql ~3 / LOCAL REGISTRAR'S CERTIFICATION OF DEATH WAR~J~ ta6iduplicate this copy by photostat or photograph. ffrr''~~IJ i C?f ~~`n6~14~CLvUU'' -~ Local Registrar Date Issaed COMMOXWELLM Oi ttHXSYLV.NM•OED16iMEXl Oi NEVIiN•NL1L A[[OPnS fCOTI[rf I6TC /re neXTar o.<ve.m'.seBN wmr lflm, MMew, un. wrhl - un flle xune.r. E_LV 3.Swlb Se[uMy NUmbn WOevMlMelnerryr Swll MOl e u d'~ ne. Ra ~ 0/ saN Iva BlnnevVnn SI.YMVr SYVw Sc µqut0 6. MBInn IMe/OVy/VVn115wII MOnM1 1v. BIrM IxelOr' vMS u rY n(numryj ~-~a M.nrM o.n xrw. MMm. 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Xglr„. yxWr. 3l rz J " OO y w f "!N zr13 col ¢MeXrl,n D.~.N , C~fb937 in ~,'°"° nou RFCO~')FU t rI~E OF r~n~~;~-. r}r ;~ti~C' r1~.L?. I ~ : ~ Vi` 03. 22,2S~P27 PP' I~ 42 ~~ -~ of 'v~r:r;;'~ ~~ ~~~` `S G~~~'"r CtJMBP,RL.ANDCO..A'ACJDrtI~ ~L~t!/t)G i'riyG-ns' ~~9-M~-~ w2 ~',/~ I, ~U D~~ K/~~YI E f ~ EC7~i4/V /~S~ f),~ennsylvania, declare this to be my Will and revoke all other Wills ARTICLE I PAYMENT OF BURIAL AND FUNERAL EXP~f/S I authorize my Personal Representative to pay such sums as my Personal Representative deems proper for my cremation or burial and interment, including the dlisposition of the ashes or the acquisition of any burial site and the erection and engraving of rrionuments and markers, regardless of any limitation fixed by statute or rule of court and without order of court. ARTICLE II SPECIFIC BEQUESTS AND DISTRIBUTION OF TANGIBLE PERSONAL PR4PEBTY (A) Specific Bequests. My Personal Representative shall make the following distributions to the following institutions, and to the following persons who survive me: The following asset of mine - shall be given to If such person does not survive me or if such institution is not in existence then I give such property to If no assets are listed in the text above then there are no Specific Bequests included as a part of this Will. (B) Tangible personal property. I give all the rest of my tangible personal property not disposed of in Paragraph (A) of this Article II, or all of my tangible personal property if there are no specific bequests of tangible personal property, to my children who survive me, and my Personal Representative shall divide the property among my children as equally as is practical, having regard for each child's preferences. If, however, my Personal Representative shall determine that distributing any of the property to my children is undesirable or impractical, my Personal Representative shall sell it and add the proceeds to the rest of my estate. Page 1 of 14 ARTICLE III DISTRIBUTION OF REST OF PROPERTY I give all the rest of my property to the Trustee hereinafter named, to be held (together with any other property to which the Trustee shall be entitled by reason of my death and less any taxes, debts, expenses or other obligations payable by the Trustee as a result of my death) in trust, upon the following terms: (A) Distribution of property in trust for children and descendants. The Trustee shall divide the principal of the trust, together with any undistributed net income, into a sufficient number of equal shazes to create one share for each child of mine who is then living and one share for each child of mine who is then deceased but has one or more descendants then living. Each share shall be disposed of by the Trustee as follows: 1. Provision for living child. Each shaze created for a child of mine who is then living shall constitute a separate trust. The 'T'rustee shall pay all the net income of the trust, not less often than quarterannually, to the child for whom the shaze was created so long as the child lives or untnl the trust is sooner terminated. At any time after attaining yeazs of age, the child may withdraw up to one-third of the principal of the trust; at any time after attaining years oif age, the child may withdraw up to an additional one-third of the principal of the trust; and. at any time after attaining years of age, the child may withdraw up to the whole of the principal of the trust (if the entire principal is withdrawn, thereby tenniinating the trust). The child may make withdrawals by letters from the child to the Trustee, directing the Trustee to deliver a specified part of the trust property free of the trust. The limits to the child's withdrawals shall be determined by applying the specified fractions to the value of the child's trust as of the date the child attains , or to the value of the child's trust upon the creation of the child's share, whichever is later. Upon the death of the child, the Trustee shall distribute the principal and undistributed net income of such child's separate trust, if any, to or in trust for those people or corporations or the estate of the child in those amounts or proportions designated by specific reference to this power in the child's last Will. If this power of appointment is not effectively or fully exercised by the child, that part or all of the principal and undistributed net income of the child's separate trust not so appointed by the child shall be distributed to the child's descendants then living, per stir)~es, or, if there are none, to my descendants then living, per stirpes. 2. Provision for children of deceased child. Each share created for a deceased child of mine who has one or more descendants then living shall be distributed to the then living descendants of the deceased child, per stirpes. (B) Default distribution provisions. If, when any separate trust is ended, none of the intended beneficiaries of the trust is living, the Trustee shall distribute the property to Page 2 of 14 whomever and in the same proportions as, My Personal Representative' would have been required to distribute it had I died intestate, unmarried, and a resident of the state of Pennsylvania at such time and owning such property. ARTICLE V SUPPLEMENTAL DISTRIBUTION PROVISIONS The provisions in this Will for the distribution of my estate and the trust shall be supplemented by the following: (A) Payment of death taxes . My Personal Representative shall pay all taxes (including inheritance taxes) owed because of my death (including any interest and penalties) out of my estate. The payment of the taxes shall be made regazdless of whether the taxes are owed on property passing under this Will or outside of this Will and regardless of whether the taxes are owed by my estate or by any beneficiary; provided, however, that my Personal Representative shall be entitled to reimbursement from each beneficiary for the payment of the taxes in proportion to the amount of tax generated by the property received by each beneficiary. (B) Survivorship requirement. Each beneficiary shall be deemed not to have survived me unless the beneficiary is living on the ninety-first day after the date of my death. (C) Discretionary distribution of principal. If at any time, in the judgment of the Trustee, the aggregate of the income payable hereunder and the funds available to any beneficiary from all other sources about which the Trustee shall have actual knowledge is insufficient to provide adequately for the support, medical Gaze and education (including college and professional education) of the beneficiary, the Trustee, in the discretion of the Trustee, may pay to or for the benefit of the beneficiary, from the principal of the trust of which the beneficiary is then entitled or permitted to receive the income, amounts that the Trustee shall deem advisable for that purpose. The Trustee shall exercise liberally this right to make principal distributions and the interests of current income beneficiaries shall be preferred to the interests of other beneficiaries. No payment to any beneficiary shall be; treated as an advancement of any future payment to be made to such beneficiary. (D) Distributions to minors or disabled beneficiaries. Whenever any beneficiary of my estate or the trust is a minor or is otherwise under a legal disability or, iin the judgment of my Personal Representative or the Trustee, is for any reason unable to apply any distribution to the beneficiary's own best advantage: I . My Personal Representative or the Trustee may nevertheless make the distribution directly to the beneficiary or to the conservator of the beneficiary's property, or to a custodian for the beneficiary under a Uniform Transfer or Gifr to Minors Act, or to a person with whom the beneficiary resides at the time of the distribution, or maiy apply it for the benefit of the beneficiary, in whatever manner my Personal Representative or the Trustee shall Page 3 of 14 deem best. The receipt by such beneficiary, conservator or other person of any distribution so made shall be a complete discharge to my Personal Representative or the Trustee regarding the distribution. 2. The Trustee may withhold as much of the distribution as, in the judgment of the Trustee, shall exceed the amount needed to provide for the support, medical care and education of the beneficiary, taking into consideration all other funds available to the beneficiary that the Trustee shall actually know about, and any withheld income shall be added to the principal of the trust from which it was derived. The decision of my Personal Representative or the Trustee in any such case shall be final and binding upon all beneficiaries. (E) Spendthtift provision. No interest of any beneficiary shall be subject to assignment, anticipation, claims of creditors or attachment by legal process, provided that this provision shall not be deermed to be a limitation upon the right of any beneficiary- to renounce, in whole or in part, any provisions of the trust for the benefit of such beneficiary, or upon any power of appointment herein granted. As to any interest in the trust renounced by a beneficiary, the trust shall be construed as though such beneficiary predeceased me if tlhe beneficiary's renunciation occurred within nine months following the date of my death and the beneficiary has not accepted any of the benefits so renounced. (F) Payment of beneficiary's burial and funeral expenses. Upon the death of any then current income beneficiary of the trust, including my spouse, the Trustez may, in the discretion of the Trustee, after taking into consideration other sources of funds available to the estate of the beneficiary that the Trustee shall actually know about, and subject Ito any power of appointment, pay the beneficiary's funeral and burial expenses, including the cost of an interment space and marker, out of the trust. (G) A-ternat$ termination provisions. Regardless of any contrary provision of this Will, no trust created hereunder shall be construed to extend beyond the period permitted by applicable law. If the applicable law would require the termination of any trust within a period of time which is shorter than that contemplated in this Will, the trust so affected shall terminate on the last day op which the trust could exist under such applicable law. The Trustee may terminate, at any time, any trust that has an aggregate principal value of One Hundred Thousand Dollars or less. Upon termination of any trust, the Trustee shall distribute the trust, free of the trust, to the income beneficiaries of the trust in the proportions to which they are entitled or permitted to receive the income from it. (H) Consolidation of trusts held for same beneficiaries. I authorize, but do not require, the Trustee to consolidate and commingle, in whole or in par[ and at azry time or times, property of the trust herein created with the property of any other trust held for the same beneficiazies, provided the terms of the trusts are substantially the same so that there will be no conflict in the adhninistrationtherenf, and to this end the Trustee may establish a common or Page 4 of 14 coordinated system of accounting or bookkeeping in which the two trusts shall be considered and treated as if one trust. (I) Determination if power of appointment is exercised. To avoid undue delay, I direct that if, at the expiration of three calendar months after the date of death of any person upon whom a testamentary power of appointment is herein conferred, no Will of such person of which the Trustee may have knowledge, has been offered for probate, the Trustee may find that such person died intestate and did not exercise the power of appointment herein conferred. Similarly, if at the expiration of three calendaz months after the date of death of such person, a Will of such person has been offered for probate, the Trustee may find that the Will was the last Will of such person and be guided by the provisions therein in determining whether or not the power of appointment herein conferred has been exercised, and, if exercised, the extent and manner thereof. The two preceding sentences are intended to protect the Trustee in making distribution in accordance with any such finding, but aze not intended to conclude the rights of persons beneficially interested as between themselves nor as against any others to whom the Trustee may have made the distribution. (J) Payment of taxes, debts, and expenses. The Trustee may purchase with trust funds, at market value at the time of purchase, any property tendered to the Trustee by my Personal Representative. In the case of uncertainty as to the market value of any property, it shall be fixed by my Personal Representative and the Trustee and their determination as to the value shall be conclusive. In addition, the Trustee, when the amounts needed are certified by my Personal Representative (or when the amounts are determined by the Trustee), shall be authorized in the'. discretion of my Trustee to pay or distribute to my Personal Representative (or to pay or dist#ibute directly) amounts needed to pay all lawful debts and costs of administration of my estate, all bequests contained in this Will and, to 'the extent that I have not provided otherwise, all taxes (including any interest and penalties) imposed by reason of my death, whether of not the taxes are payable by my estate or by the recipient of any property. All payments made by the Trustee in accordance with this paragraph shall be made without any right of reimbursement from my Personal Representative or from the recipient of the property, and thee. decision of the Trustee as to the propriety and amount of any payment shall be conclusive. (K) Provision regarding power of appointment. I decline to exercise any power of appointment whicch I have and nothing in this Will is to be considered an exercise of any power of appointment, except to the extent necessary to pay, from the assets subject to the power of appointment, any additional death taxes attributable to such assets because of the inclusion of such assets in my taxable estate and, to that extent only, I exercise the power of appointment to pay such additional taxes. ARTICLE VI ADMINISTRATIVE POWERS OF TRU T]F~ Page 5 of 14 In addition to their existing authority, and unless this Will provides otherwise, my Personal Representative and the Trustee may: (A) Powers regarding investments. Retain original investments and invest in any variety of real or personal property, including investment trusts and common trust funds made available to the trust, whether or not administered by a Trustee, including any investment company organized under the Investment Company Act of 1940 (mutual fund), for which a Trustee, or an affiliate, is acting as an investment advisor or in any other capacity, for such Trustee's own profit, and including the purchase and sale of futures; write call options on securities held by the trust; make investments without diversifying them; and retain investments with a view to possible increase in value, all without any obligation to keep the trust invested in the type of property designated by law or custom as legal for the investment of trust funds. (B) Power to sell. Sell, lease or grant options with respect to any real or personal property, alone or in conjunction with any co-owner of such property, in such manner, for such purposes, for such prices and upon such terms, credits and conditions as may be deemed advisable. Any lease may extend beyond the period fixed by law for leases made by fiduciaries and beyond the duration of the trust. (C) Power to borrow. Borrow money from others or from the Trustee, in the Trustee's individual capacity, for any purpose connected with the protection, preservation or improvement of my estate or of the trust and as security to mortgage or pledge any real or personal property (including purchases on margin), alone or in conjunction with any co-owner of such property,: whenever and upon such terms and conditions as may be deemed advisable. (D) Power to vote securities. Vote in person or by proxy with respect to any securities; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolutipn or liquidation of any corporation; exercise conversiion, subscription or other rights and make payment therefor, or sell or abandon such rights; and register any securities or other property in the name of a nominee or keep any part of them in such condition that they will pass by delivery. (E) Powers ri~egarding obligations. Renew, modify or extend the time of payment of any obligation, secured or unsecured, payable to or by my estate or the trust, or continue such obligation after maturity without renewal or extension, in such manner as may be deemed advisable; and ply, adjust, compromise, arbitrate, release or abandon claims or demands in favor of or against my estate or the trust, including the acceptance of real property in satisfaction of any obligation upon such terms as may be deemed advisable. (F) Power to! employ service providers. Employ agents, attorneys and any other persons whose services naay reasonably be required in connection with the administration of the trust Page 6 of 14 from time to time; delegate authority when such delegation is advantal;eous to my estate or the trust; and pay reasonable compensation therefor. (G) Power regarding payment of trust expenses. Pay all expenses, taxes, penalties or other charges and chazge the same against principal or income or partly against the principal and partly against the income of the whole or any part of my estate or of the trust; and allocate or apportion gains and losses realized from the sale or other disposition of any asset as between principal and income and generally equitably determine what is principal and what is income of the trust; provided that this discretion shall be exercised so as to balance fairly the interest of the income and remainderman beneficiaries of the trust. (H) Power tq deal with related parties . Enter into any transactio n authorized hereunder with the Personas Representative of Grantor's estate, with any beneficiary of Grantor's estate or of this trust, with the Personal Representative of the estate of any beneficiary and with the Trustee of any otiher trust created by Grantor and any trust created by any beneficiary, even though the Personal Representative, beneficiary, or Trustee is also a Trustee hereunder. The Trustee may purchase with trust funds, at market value at the time of purchase, any property tendered to the 'T'rustee by the Personal Representative of Grantor's estate. In case of uncertainty as to the market value of any property, it shall be fixed by the Trustee and Grantor's Personal Representative and their determination as to the value shall be conclusive. (I) Power regarding separate shares of trust. Hold and retain tlhe principal of the trust undivided until actual division shall become necessary in order to make distributions; hold, manage, invest aard account for the several shares or parts thereof by appropriate entries on the books of account of the trust; and allocate to each shaze or part its proportionate part of all receipts and expenses. (J) Power regarding division of trust assets. Make any division. or distribution of my estate or of the trust in money or in other property, or partly in both, upon the basis of fair mazket values and to cause any shaze to be composed of money, property or undivided fractional shares,in property different in kind from any other shaze, and for that purpose, determine the market value of any asset of my estate or of the trust on 4he basis of such information as rriay be deemed reliable. Any such decision, including 'the decision to sell any assets of the trust in order to make the division or distribution in money, shall be binding and conclusive upon all persons. (K) Power to permit use of trust property. Permit any beneficiaries of my estate or the trust to use any tangible personal property or real property without paying any rent, without giving any bond or security and without liability for any loss or damage. My Personal Representative and the Trustee shall not be liable or responsible for an;y injury to, consumption of, or loss of any such property so used. (L) Power to receive additional property. Receive additional property acceptable to the Trustee from any source and add such property to the trust or trusts as required by the person Page 7 of 14 making the addition, or, in the absence of such directions, add such property equally to the trusts then in existence. (M) Power to exercise stock options. Exercise any stock options which I may have and borrow money for that purpose. (N) Power to take charge of real estate. Take charge of any real property as a part of the probate administzation of my estate for such period as my Personal Representative shall determine; collect the income therefrom, if any; and pay the taxes and expenses thereof, including the cost of keeping such property in adequate condition and repair, in such manner and to such extent as my Personal Representative shall deem advisable. (O) Powers degarding real estate. Improve, manage and protect any real property at any time forming a part of my estate or of the trust; contract respecting the manner of fixing the amount of present and future rentals; partition said property or any part thereof; grant easements or charges of any kind; carry insurance against such hazards, including public liability, in such Amounts as may be deemed advisable; and establish out of income reserves for taxes, assessmenks, insurance, repairs, improvements, depreciation, obsolescence and general maintenance of buildings and other property, and for the equalization of payments to or for beneficiaries entitled to receive income, as may be deemed advisable. (P) Power toy sign documents. Sign and deliver any instruments vvhich may be deemed advisable to carry out any of the foregoing powers. No person dealing with my Personal Representative or the Trustee shall be obligated to inquire into the validity of any action taken by them or be bound to see to the application of any money or other property paid or delivered to them. (Q) Power regarding basis allocation. To allocate any basis increase (including any spousal basis increase) otherwise allowed under Section 1022(b) of the Internal Revenue Code, including any subsequent Code Section to any property of the trust or vvhich is otherwise includable in the,my estate in such proportions and amounts as the Trustee shall determine, even if such election shall benefit a Trustee individually. Any allocation made by the Trustee shall be binding end conclusive upon all parties and interests. In addition, the Trustee shall be indemnified and Ceimbursed from the trust estate for any liability or expense incurred by such Trustee in a fiduciary capacity by reason of any such allocation made by the Trustee. (R) Additionpl powers. In addition, my Personal Representative and Trustee may: • Power regarding life insurance policies. Acquire or retain as an asset of the trust a life insurance pollicy on the life of any person to whom the income of the trust is payable, or on the life of any person in whom the income beneficiary has an insurable interest, from companies and irk amounts deemed advisable; pay premiums on all insurance policies from income or princi}~al or both; borrow money for the purpose of paying the premiums; elect any Page 8 of 14 option, reduce the amount of, and convert or exchange any policy; pennit the proceeds of any life insurance policy payable to the trust to remain with the insurance company under any option available under the terms of the policy; and all insurance shall be payable to and all incidents of ownership shall be vested in the trust. The Trustee may purchase with the proceeds of any policy payable upon the death of the insured under the policy, assets of the estate of the insured person at the market value of the assets at the time; of purchase. ARTICLE VII FIDUCIARY PROVISIONS (A) Appoint~t-ent of Personal Representative. Iappoint as Personal Representative of my estate. If such Personal Representative shall fail to qualify or cease to act as Personal Representative, Iappoint the following persons or bank or trust company as alte rtaate or successor Personal Representative to serve in the order specified below, and if the' first alternate Personal Representative shall fail to qualify or cease to act as Personal Representative, the second alternate Personal Representative shall serve as Personal Representative. First altetate ~; f e f{,2 i sTo ~ jfEJe l~h-~F~D Second alternate To the extent pemnitted by law, my Personal Representative shall be authorized, in the discretion of my!,Personal Representative, to have my estate administered without adjudication, order or direction of the court having jurisdiction over my estate. (B) Appointt-rent of Trustee. Iappoint as Trustee of the trust herein created. If such Trustee shall fail to qualify or cease to act as Trustee, I appoint the following persorus or bank or trust company as alternate or successor Trustee to serve in the order specified below, and ifthe first alternate or successor Trustee shall fail to qualify or cease to act as Trnstee, the second alternate Trustee shall serve as Trustee, and if the second alternate Trustee shall fail to qualify or cease to act as Trustee, the third alternate Trustee shall serve as Trustee: -First Alternate - Second Alternate - Third Alternate Page 9 of 14 (C) Waiver of bond. No bond or surety shall be required of any Personal Representative, Trustee, guardian, or conservator serving hereunder. (D) Provisio{-s for interpreting Will. 1. la'efinition of certain terms .Throughout this Will the; use of any gender shall be deemed to include all genders, and the use of the singulaz the plural, and vice versa. The terms "child" and "descendant" shall include an adopted person and such adopted person's descendants, if, lput only if, the adopted person is not more than twelve yeazs of age on the date of the court order granting such adoption. 2. Captions. The captions of Articles and Paragraphs appearing herein aze for convenience of reference only and shall have no significance in the construction or interpretation of this Will. (E) Resignaq'ion and removal of Trustee. Any Trustee may resi€;n at any time by giving not less than twenty days' written notice to the adult and otherwise legally competent beneficiary or b~neficiazies then entitled to or permitted to receive the income, if any, from a separate trust or,l if none, to the parent, guardian or conservator of each. income beneficiary of the trust who is ~ minor or is otherwise under a legal disability. Such adult beneficiary or a majority in interest of the adult beneficiaries, as the case may be, then entitled to or permitted to receive the income of a separate trust or if there are none, the parent, guazdian, or conservator of ei~ch income beneficiary who is a minor or is otherwise under a legal disability, may remove anyTrustee by written notice delivered to the Trustee not less than twenty days prior to the effecltive date of the removal. The person or persons to whom the notice of resignation is gi~Pen or who exercise such power of removal, without the concurrence of and without liability ko any other beneficiary, may (i) on behalf of all beneficiazies, approve the accounts of and dive a complete release and discharge to any resigned or removed Trustee notwithstanding that such person's interests may possibly be or become adverse to those of other beneficiaries, and (ii) upon the failure to qualify, resignation or removal of a corporate Trustee, shall ap~oint a bank or trust company having at least five full time trust officials, wherever situated, as successor corporate Trustee. Any resigned or removed Trustee shall deliver the trust assets under such Trustee's control to the successor Trustee and the successor Trustee is author7zed and directed to accept such trust assets. No successor Trustee shall be liable or responsible for any act or default of any predecessor Trustee or for any loss or expense resultin~ from anything done or neglected to be done in the administration of the trust prior to becoming a Trustee or be required to inquire into or take any notice of the prior administration of the trust. (F) Incapacity of individual Trustee. An individual Trustee shall be deemed conclusively to have ceased td act as Trustee upon the successor Trustee receiving a written statement from a physician, to thje effect that, in the physician's opinion, the individual Trustee is either not mentally able or not physically able to manage such Trustee's own financial affairs or when a Page ] 0 of 14 guardian or conservator is appointed for the person or estate of the Trustee. (G) Accountings of Trustee. The Trustee shall not be required to file inventories or interim or final accountings with any court and all statutory requirements with regard to filing of inventories an'd accountings are waived. The Trustee shall, however, render an accounting at least once each twelve months to each beneficiary entitled to or permitted to receive current distributions from the trust (or to the legal or natural guardian of a beneficiary who is a minor or is otherwise under a legal disability). The accounting shall show receipts, disbursements and distributions of principal and income since the last accounting and trust assets at the time of the accounting. If n¢ objection is made to an accounting, then ninety days after a copy of the accounting has ben sent to such beneficiary or, if such beneficiary is a~ minor or is otherwise under a legal disability, to such beneficiary's legal or natural guardian, such accounting shall be conclusively presumed to have been approved as to all actions reflecteni in the accounting. (H) Limitation on discretionary distributions by a beneficiary serving as Trustee. Irrespective of atny contrary provisions, following my death, no beneficiary, while serving as Trustee hereundQr, shall participate in any decision concerning discretionary payments from the trust either d~rectly or indirectly to or for the benefit of such beneficiary, other than discretionary pa}f ments made pursuant to an "ascertainable standard" as that term is used for federal estate taxi, purposes. Specifically, no such Trustee shall participate in any decision concerning any discretionary payment to or for the benefit of a person :if such payment relieves the Trustee of a legal obligation to support such person unless the indirect benefit to the Trustee is a payment pursuant to an ascertainable standard as to such Trustee. (I) Employment of advisors. The Trustee may employ such investment counsel, advisers, custodians, assistants, agents, attorneys and any other persons from time to time as the Trustee shall ~ideem advisable in connection with administration of l.he trust; confer with and receive the recommendations of the investment counsel and advisers, delegate or grant investment authdrity and discretion to such investment counsel; deposit all or any part of the trust with or in tl}e custody of any custodian; delegate to the custodian, assistant or agent such authority, discret&onary or otherwise, as the Trustee shall deem advisable; remove and change the authority ands responsibility of such investment counsel, advisers, custodians, assistants, agents, attorneys} and other persons; and pay reasonable compensation for and expenses of investment coun~el, advisers, custodians, assistants, agents, attorneys and other persons out of income or out ofprincipal, or in part out of each. The Trustee shall not be liable for any loss to the trust as a result of a deposit with a custodian, or for any wrongful act or omission of investment counsel, adviser, custodian, assistant, agent, attorney or other person employed in good faith. (J) Identification of children. At the date of execution hereof, I have the following children who are,now living: (K) Corporate Personal Representative and Trustee provisions. The following provisions shall apply to a corporate Personal Representative or Trustee, as the case may be: Page 11 of 14 1. Corporate Trustee's custody of trust assets; delegation to corporate Trustee. While serving hereunder, the corporate Trustee shall have sole custody of all money, seciiiities and other personal property comprising the trust and all records of the trust, which records shall be kept by the corporate Trustee. The corporate Trustee shall have the right to vote registered securities held by the corporate Trustee or its nominees, unless an individual Trustee makes a written request to the corporate Trustee to vote those securities. An individual Trustee shall be presumed to have approved a proposed act or decision to refrain from acting if that Trustee fails to indicate approval or disapproval thereof within fifteen days after a written request for approval by the corporate Trustee, and such corporate Trustee shall not be required tb continue to make a proposal which has been disapproved on at least two occasions if the corporate Trustee has informed the disapproving individual Trustee that continued disapproval will be assumed until notice to the contrary has been received. At any time and from time to time an individual Trustee may delegate to the corporate Trustee the exercise of any dr all powers, discretionary or otherwise, and revoke the delegation at will. The delegation of an~ power and also the revocation of the delegation, shall be by written notice to the corporate Trt¢stee. As long as any delegation is in effect, any of the; delegated powers, discretionary or ptherwise, may be exercised and action may be taken by the corporate Trustee with the same effect as if the Trustee delegating the power had personally joined in the exercise of the power and the taking of such action. The Trustees may execute documents by jointly signing one document or separately signing concurrent counterpart documents. 2. 1V)Cerger of corporate Personal Representative and Trustee. The appointment of a corporate Personal Representative or Trustee shall inolude the appointment of its successor or successors by any merger, conversion or consolidation. 3. Coompensation of corporate Personal Representative and Trustee. While serving hereunder, the corporate Personal Representative or Trustee, a:; the case may be, shall receive compensation for its services according to its published schedule of chazges in effect at the time such services aze rendered; provided, however, that any fee in connection with the termination of the trust, in whole or in part, shall be based solely on the services rendered in connection with the termination. D I, the Testator, sign my name to this instrument this day of d> '~~ ~ I and being first duly skvorn, do hereby declare to the undersigned authority that Ihat I sxecute this instrument ak my wfll and that I sign it willingly (or willingly direct another to sign for me), that I execute it ads my free and voluntary act for the purposes expressed in the will, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence. 0 We, the witnesses, at the Testator's request, sign our names to this instrument, being first duly sworn, 'and do hereby declare to the undersigned authority that the Testator signs and Page 12 of 14 executes this instrument as the Testator's will and that the Testator signs it willingly (or willingly directs another to sign for the Testator), and that each of us, in the presence and hearing of the Testator, hereby signs this will as witness to the Testator's signing, and that to the best of our knowledge the Testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence. fitness Signature ~ Printed Name Address: Phone Numb/erg: ,~ ~ Z~/~ 7a2 tJ ~// Wrtness Signatu#e Address: City/State Phone Nr ~'- ~' ~~ Witness Signatu~•e f ~~~~ Printed Name ,J¢h~l ~.~Q~on ~f. Printed Name Address: 6`83 C~l.sla /~~¢ City/State/Zip: !. Mr.c.ls..;~ s bu•a s. Phone Number: '?/?-746 - ~~ ~ `T' State of Q/g County c •' =, j(ac,,(,,, d( We, the'~estator and the witnesses, respectively, whose names are signed to the attached or foregping instrument, being first duly sworn, do hereby declare to the undersigned authority that thq' Testator signed and executed the instrument as the Testator's will and that the 'Testator had ~igned willingly (or willingly directed another to sign for the Testator), and that the Testator 'executed it as the Testator's free and voluntary act for the purposes expressed in the will, and tlpat each of the witnesses, in the presence and hearing of the Testator, and at the request of the Testator, signed the will as witness and that to the best of the witnesses' knowledge the Tlstator was at that time eighteen years of age or older, of sound mind, and Page 13 of 14 under no constraint or undue influence. ~ / // 9 ~D D W' ess ti~L~~ Wit ess ~~~~~~~ / 3_ Witness Subscribed, sworn to and acknowledged before me by, S~/, M t..rs, the Testator, and subscribed and sworn to before me bye N N.«~-r~L_, /1.~.,., M1 T+rM16w.L ,and (~,., ~YJ ar¢:,i ,witnesses, this ~~ day of ~,t... bK.- o~'o ~a. (Seal) COMMONWEA Yt.~FANIA Np aAdl Ilppi ....... Robert J. R pp, Nphry Public Silver Spdnp ., Cumberlan0 County My Commiaeion Fxpirea Aup. 10, 2012 Member, Pennaylva is Aasociatlon of No}adse (Signed) L~ • 1f-r ~. (Official capacity officer) Page 14 of 14