The URL can be used to link to this page

Home My WebLink About09-27-12Reset 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: Richard D. Shuey File No: ~ ~ ~ ~ ~ ~ ~ ~ )`-1 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: September 3, 2012 Age at death: 84 Decedent was domiciled at death in Cumberland County, pennSylvania (State) with his/her last principal residence at 505 Warren Street Lemoyne 17043 Lemoyne Cumberland Street address, Post Office sod Zip Code City, Township or Borough County Decedent died at 505 Warren Street Lemoyne 17043 Lemoyne Cumberland PA Street address, Post OYfice 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 $ 9,000.00 If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania ........................ Personal property in County $ Value ojreal estate in Pennsylvania ...................... ................................... $ 176,000.00 TOTAL ESTIMATED VALUE.... $ 185.000.00 Real estate in Pennsylvania situated at: 505 Warren Street, Lemoy ne 17043 Lemoyne Cumberland (Attach additional sheen, if necessary.) Street address, Post OtTice and Zip Code City, Township or Borough Counly ® A. Petition for Probate and Grant of Letters Testamentary SSM Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated' >~~~"~~~ ~19I ~ and Codicil(s) thereto dated State relevant circumstances (cg. 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 bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. O 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 lite, durante absentia, durante minoritate If Administration, c.t:a. or db.n.c.Ga., 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. ® NO EXCEPTIONS ®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 >V ~: G7 S..r ~ ~ . ~ i_1 =s V3' V f'"~ J ~ t^_1 ... ~ ° Form RW-02 rev. 10/11/2011 -Z.: 7 ~, -+ w r' _o ~~ ~ Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND Official Use Only + uLil~.~, ~:~ J ~j Petitioner(s) Printed Name Petitioner(s) Printed Address Paul R. Shue L~L.;_f. 505 Warren Street Lemo e PA 17043 r ~(/4(~{~ The Petitioner(s) above-named swear(s) or affum(s) the statements 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) of the Dece ent, the Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before / ~ ~ Date ~"a ~`~°~ me this o~/~ day of ~~S/a~.~/ .l- Date By: y--- Date r the Regist r Date BOND Required: Q YES Q NO FEES: Letters ...................... $ . (~ )Short Certificate(s)...... I ~ . n~ ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . ''O``th'' e11r ~1J__t. To the Register of Wills: Please enter my appearance by my signature below Printed N e: Suprem ourt tuber: Firm Name Address: Phone Automation Fee ............... ~'. ~) Fax: JCS Fee . .................... Email: TOTAL .:................... $ 0.00 31~j~50 . ,~ John R. Zon ich 19632 SkarlatosZonarich LLC 17 South Second Street Floor 6 Harrisburg, PA 17101 717-233-1000 717-233-6740 ~t~fp~skarlatncznnarich com DECREE OF THE REGISTER Estate of Richard D. Shuev File No: ~ ~~I U~~ a/k/a: AND NOW, ~~ ~D Y~ ~~ ~(~/ vZ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Paul R. Shuev in the above estate and (if applicable) that the instrument(s) dated ___ Seuj'et~6er 9, 2003 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent Form RW-02 rev. 10/11/2011 gister of Wills j~2 / ~/~.~~lul~l~~l Pag of 2 LOCAL '~ CERTIFICATION OF ®EATH WARNING: I ate this copy by photostat or photograph.. ' 1 ~. Fee. for this certificate, S6.O0 P 18800408 ~~~~ ~~~ ~~ AM (~ ~l~hjs i', to L~,rrtif~ that the information here given is .-. currc^criy c«h~ec1 frtijJ~~) a(a (~r)~~ujal CertiC~cate of Death d:_(ly filed ~~ith nJc ~:(~ i.(~)rji Ri~gi,trao~. "I-he original "v;..Cfl `< ~`_~:- ci,.rtificate ~~(~iil he !in~~~arded to the State Vital ~y~~~DCd~~~~~N~~~/'~~ Rccordc Cifticc I„ ,,;~-Jnanl.nt tiling. Q~, c~~ SEP ~y 5 Ffl --~ _--- ------- - _L__~__ Lncal I~c~*i~~;rr~)r Date Issued COMMONWEALTH OF PENNSYLVANIA ~ DEPARTMENT OF HEALTH ~ VITAL RECORDS P'C~T~C~f"ATC AC E'1CATU - Certification Numhcr TYPe/Print In P¢rmanent ~' 1. Decedent's Legal Nam¢ (First, Mlddla, Last, Suffix) 2. Sex 3. Social Security Number N4. Date of Death (MO/Day/Yr) (Spell Mo) Richard D_ Shue male 182-22-5736 Se t_3 2012 6a. Age-Last Birthday (Yrs) 6b. Vnder 1 Year Sc. Under 1 Da 6. Date of Birth (MO/Day/Year) (Spell Month) 7a,g firth lace (CI d St at QLE reign Country) e g ~ Months Days Hours Minutes tie T ri sgur YH 8 `~ ay 2 2 1 9 2 8 b , 7 . Birthplace (COVnty) aup n Sa. Residence (State or Foreign Country) Bb. Residence (6ffeet and Number -Include Apt NO.) 8c. Dltl DecedenF Llye In a Township? Penna 505 Warren St_ pves,de ntllYedln tY,p. 8d. Residence (County) Lemoyne Cumberland Be. Residenc¢ (Zip Code) o, decedent lived within limits of city/bor0. 9. Ev S Armetl Forces? 10. Marital Status of Time of Death 0 Married idowetl 11. Surviving Spouse's Name (If wife, give name prior to first marriage) Q No Q Unknown Q Divorced Q Never Married Q Unknow 12. Father's Name (First, Middle, Last, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, Last) Jacob D Sh _ uey Mabel Eshenour 14a. Informant's Name 14b. Relationship to Decedent 14c. Informant's Mailing Address (Street and Number, City, Stale, Zlp Code) g Paul R _ Shue son Warren St Lemo ne PA1704 ac ,,,,,,,,_r ............. ace o eat on one _ .............................~--........................ ............-~---............... a. If Death Occurred In a Hoz ital: ......................... ... «..... .............................. _.. ... ......... ... ....... ._.._.. ..... ...... ........ _ ... _ ... p ~ Inpatient :If Death Occurred Somewhere Other Than a Hospital: ~( Hospice Facility D d ' ece ent s Mome Q Emer ency Room/Outpatient Q Dead on ArrlYal Nursing Home/Long-Term Care Facility Other (Specify) iSb Facility Nam! (19 not instlt tl i • . u on, g ve street and number; S6c. City or Town, State, d 21p Code 15d. County of D¢ath 505 Warren Lemo ne PA17043 umberland 16a. Method of Disposition lal Q Cremation u 16b. Dale of Disposition 16c. Piece of Disposition (Name of cemetery, crematory or other place) Q Removal from State Q DOnatlon other(speafy) , Se t _ 7 , 2 ~ 1 2 Woodlawn Cemetery P ~ 16d. Location of Dlsposltion (City or Town, State, and Zip) Ignature Of Funerals rvlce License or Pe s n In Charge of Interment 17 b Uclnse Number y~ Harrisburg, PA17109 . L~ 013163 - ~~ -L g 17c. Name a Cam plate ddress of F F 1 ty ~usseiman ~lti~ ~~ 324 H l , ' r , umme Ave_,Lemoyne,PA 17043 rb 16. Decedent's Ed ucatlon -Check the box the[ best describes th! 19. Decedent of Hispanic OY181n -Check the 20. Decedent's Race -Check ONE OR MORE races to Indicate what :- high st degree or level of school completed at the time of death. box that best describes whether the decedent the d t considered himself or herself to be e . Q Bth grade or less is Spa nlah/Hispanic/Latino. Check the "NO" hits Q Korean Q N oma, 9th - 12th grade box If decetlen[ is not Spanish/Hispanic/Latino. Q Black or African American ~ Vletna mes! h ig school graduate or GED completed Q No, not Spanish/Hispanic/Latino Q American Indian or Alaska Native Q Other Asian S l Q ome co lege credit, but no degree Q Ves, Mexican, Mexican American, Chicano Q Asian Indian Q Natlye Hawaiian A i d ssoc ate Q egree (e.g. AA, AS) Q Ves, Puerto Rican Q Chinese ~ Guamanian or Chamorro Q B h l ' d ac e or s egree (e.g. BA, AB, BS) Q Ves, Cuban O P no ~ Samoan Q M t ' d i l as er s egree (e.g. MA, M5, MEng, MEd, MSW, MBA) Q Yes, other Spanish/Hispanic/Latino Q Ja pa nese Q Other Pacific Islander Q Doctorate (e.g. PhD, Ed D) or Professional degree (Spec Hy) Q Oth S f er ( peci y) . MD DDS DVM LLB JD a 21. De nt's Singe! Race Self-Designation -Check ONLY ONE to Indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occu ation -Indi t t f p ca e ype o work hits Q Japanese Q Samoan done during st of working life. DO NOT USE RETIRED. Black or African American Q Korean Q Other Pacific Islander supply technician Q American Indian or A105ka Naive 0 Vietnamese Q Don't Kn /N t S ow o ure Q Asian Indian Q Other Asian 0 Refused 22 b. Kind of Business/Industry Q Chinese 0 Native Hawallsn Q Other (Specify) Q FIIIPIno Q GuamanianorChamorro Army Depot ITEMS 2 • - 23 VST MPL ED 23a. Date Pr no Dea Mo Day r 23 fgnature o Person Pronouncing Death Only w en app ice a 23c. (tense Number BY PERSON WNO PRONOUNCES OR unc~ ~ O CERTIFIES DEATH ~ ~ (~ ~~ ~ H ~ ~ ~ ~ I I ~~ 23d. D¢ Sjgned Mo; O r) 24. Time of De ,N h /a Z - ~ 1~ ] Y l V ~~ . ' j t 25. Was Medical Examiner or Coroner Contacted? 0 Ves ~" No CAUSE OF DEATH Apn roximate 26. Pert I. Enter the chain of events--diseases, injuries, or compllcatlons--that directly caused the death. DO NOT enter terminal events such as cardiac arrest 1 terval : u respiratory arrest, or ventricular fibrillailon witho t showing the etiology. DO NOT ABBREVIATE. Enter only one cause on a Ilne. Add addltlonal lines if necessary Onset to Death / ~ / J IMMEDIATE CAUSE ---------------> a. ~~/~L ~Oa11i~ ~ ~s/~~ i ' j) (Final disease or condition Due to (o s a consequen f): resulting in death) f Sequentially Ilst conditions, Due to (Or equence of): If env, IeadlnH to the cause /~ ( I~ listed on line a. Enter the /~s/A~o ~I1C i eve UNDERLYING CAUSE Due to 0 ( as a consequence of): ~ (dlse r Injury Chat F initiated the events resulting d. ~ In death) LAST. Due io (or as a consequence of): ~j ~ 26. Part 11. E1nter other 1 nditi i tin t h but not resulEing In the untlerlying cause given in Part I 27. Was an autopsy perfor ed7 -~ Ia 3 4«4 ~ ['tlb;~V a Yaa ~t~p s m J 28. Were autopsy Rndings available E~ ~'7t-yi ~~+f+h ~ ~ Y .~ . .. ~. <o complete the cause of death? Q Yes Q No 29. If Female: 3 0. Dld Tobacco Use Contribute to Death? 31. Mannar of peath Q Not pregnant within past year Q Yes Q Probably ~ [ural Q Pregnant a ^time of death No known Accident O P Q i id ~ end i n Invests Q go Batlon Q Not pregna t, but pregnant within 42 days of death Suicide Could t be tlltermined Q Not pregnant, but pregnant 43 days to 1 year before death 32. Date of In u Q ~ 1 ry (Mo/Day/Vr) (Spell Month) Q Vnknown 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 antl Number, City, State, 21p Cotle) 36. Injury at Work 37. If Transportation Injury, Specify: 38. Describe How Injury Occurred: Q Ves Q Driver/Operator Q Pedestrian Q No Q Passenger ~ Other (Specify) 39a. C¢rtifler (Chock only one): tfying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated ncing S Certifying physician - To the best o y knowledge death occurred at th ti d , e me, ate, and place, and due to the cause(s) and manner stated Medical Examiner/COrone of atlon, and/or investigation, In my opinion, da h occurred of the time, date, and place, and tlue To th~(~Y (s) and manner ~ed Signature of certlFler: Title of certifier sdd License Number: `ii ~a y~ 39b-i a , Ad r and 21 Co Of P¢rs n Completing Cau of eath (Ile 6) 39c. Ignad MO/Da /Yr) 40. Registrar Istrict Number 41 Registrar's Sl ~ . g e 4 gla[rar FI a Date M Day r) 43. Amendments Dlsposltion Permit No. ~ ~~/ ~ V ! / H105-143 REV 07/2011 r.~ r 3 Cn f'i"'~ h LAST WILL AND TESTAMENT ~ ~ ~~ OF ~ u~~r ~n N r~ r rz Uj ~'; ~J '.w3 L~ RICHARD D. SHUEY -~ r ; ~ c, ~~y. I, RICHARD D. SHUEY, now of 505 Warren Street, Lemoyne, Cumbe~an~ti Co C ' ~~ Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare s to be my Last Will and revoke any Wills and codicils previously made by me. ARTICLE ONE Specific Bepuest of Tangible Personal Property and Otter 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 issue, PAUL R SHUEY and JAMES C. SHUEY, in equal shares, 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 (my "Residuary Estate"), to my issue, PAUL R SHUEY and JAMES C. SHUEY, in equal shares, per stirpes; provided that, if I am survived by my son, JAMES C. SHUEY, I give, devise and bequeath his share of my Residuary Estate to my Trustee to be held in trust (this trust being hereinafter designated as the "JAMES C. SHUEY Trust"), and managed, administered and distributed as provided in ARTICLE THREE for the benefit of my said son; provided further that, if any of my issue, per stirpes, is under the age of twenty-five (25) years, I give, devise and bequeath each such issue's share of my Residuary Estate to my Trustee to be held in trust (this trust being hereinafter designated as the "Descendant's Trust"), and managed, administered and distributed as provided in ARTICLE FOUR for the benefit of each such issue. ARTICLE THREE JAMES C. SHUEY Trust My Trustee shall hold, manage, administer and distribute the assets of the JAMES C. SHUEY Trust as follows: (A) During the lifetime of my son, JAMES C. SHUEY ("James"): (1) Income Distributions. My Trustee shall pay to James, or expend for James' benefit all of the income of the JAMES C. SHUEY Trust estate in quarterly or more frequent intervals. SKARI'A'P06& 7'ONAI~-Il I~ LAST WILL Bc TESTAMENT OF RICHARD D. SHUEY ATTORNEYS AT LAW Page 1 of 9 (2) Principal Distributions. My Trustee may pay to James, or expend for James's benefit as much of the principal of the JAMES C. SHUEY Trust estate as my Trustee shall determine to be necessary, from time to time, for James's health, welfare, support, and maintenance, in the manner of living to which James is accustomed. (B) Upon the death of my son, JAMES C. SHUEY ("James"): (1) If James is survived by issue, Trustee shall divide the balance of the JAMES C. SHUEY Trust estate, if any, into separate shares for James's issue, per stirpes, and Trustee shall retain each such separate share as a separate trust estate (each such separate trust being hereinafter designated as a "Descendant's Trust"), to be held, managed, administered and distributed as provided in ARTICLE FOUR for the benefit of the issue, per stirpes, of James; or, (2) If James is not survived by issue, Trustee shall distribute the balance of the JAMES C. SHUEY Trust estate, if any, to my son PAUL R. SHUEY; or if he does not survive me, to my then living nieces and nephews in equal shares, per stirpes. ARTICLE FOUR Descendant's Trust My Trustee shall hold, manage, administer and distribute the assets of a Descendant's Trust as follows: (A) During the lifetime of the beneficiary of the Descendant's Trust (the "Descendant"): (1) Income and Principal Distributions. My Trustee may pay to the Descendant, or expend for the Descendant's benefit as much of the income and/or principal of the Descendant's Trust estate as my Trustee shall determine to be necessary, from time to time, for the Descendant's health, support, education and maintenance, in the manner of living to which Descendant is accustomed. (2) Additional Principal Distributions Notwithstanding the foregoing, upon the Descendant attaining the age of twenty-five (25) years, my Trustee shall distribute to the Descendant the then remaining balance of the Descendant's Trust estate. (B) Upon the death of the Descendant, my Trustees shall distribute the balance, if any, of the Descendant's Trust estate to the Descendant's issue, per stirpes; or, if the Descendant is not survived by issue, to the issue, per stirpes, of the Descendant's parent who was an issue of mine; or, in default thereof, to my issue, per stirpes; provided, that if any such beneficiary under this Paragraph (B) is then a beneficiary of a trust created hereunder, the share of such beneficiary shall instead be added to the principal of such trust (which when added to such trust shall become apart thereof), to be held, managed, administered and distributed according to the terms thereof. 9CAItIA'9106 & 7~A~-I ur LAST WILL & TESTAMENT OF RICHARD D. SHUEY ATTORNEYS AT LAW Page 2 of 9 ARTICLE FIVE Payment of Taxes. Debts and Administrative Expenses Subject to the limitations and restrictions contained elsewhere in this Will, 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 or not passing under this Will, and payable to any federal, state or foreign taxing authority, whether payable by my estate or by any recipient of such property, and all my just debts, funeral expenses and estate administration expenses, shall be paid to the extent possible out of my residuary estate passing under ARTICLE TWO hereinabove. ARTICLE SIX Protective Provisions The principal of my estate and any trusts created hereunder and the income therefrom, so long as the same are held by my Executor or Trustees, as the case may be, 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 therein, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my Executor or Trustees, as the case may be, for any liability of said beneficiary, whether such liability arises from said beneficiary's debts, contracts, torts, or other engagements of any type. ARTICLE SEVEN Powers of Executor and Trustees In addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, my Executor and Trustees 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 stock dividends received thereon, or any stock acquired in the exercise of subscription rights, 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. ~~~ & ZONAR~I-Il uP LAST WILL & TESTAMENT OF RICHARD D. SHUEY ATTORNEYS AT LAW Page 3 of 9 (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. (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 real 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 created hereunder, or created elsewhere by me during my lifetime, 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 Agents. To employ agents including attorneys, accountants, and others to perform administrative duties. (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. Any property (whether income or principal) distributable to a beneficiary of my estate or any trust created hereunder, other than my Spouse, who is under a disability may be paid directly to such beneficiary, to the parent or guardian of such beneficiary, to a custodian selected by my Executor or Trustees, as the case may be, (other ~'`~~ & ~ ~~ LAST WILL & TESTAMENT OF RICHARD D. SHUEY ATTORNEYS AT LAW Page 4 of 9 than my Executor or Trustees) 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 Trustees), or may be applied for such beneficiary's benefit by payment to such other persons, organizations or institutions (other than my Executor or Trustees) as my Executor or Trustees, as the case may be, 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 or my Trustees, as the case may be, 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 or Trustees, as the case may be, such beneficiary is incapacitated in any way so as to be unable to properly manage his/her affairs. ARTICLE EIGHT Acceptance of Property Subject to the other provisions of this Will, my Trustees shall accept, receive and add to the principal of the trust estate hereby created any money or property which at any time may be payable, tendered, given or transferred to my Trustees by any person, natural or legal, by deed, gift, Will, or in any other manner. All property received by my Trustees, whether under this Will or otherwise, shall be added to the principal of the trust estate hereby created as provided in this Will, and shall be administered by my Trustees in accordance with the terms and provisions herein set forth; provided, that in the absence of a specific direction as the trust hereunder of which such property should become a part, my Trustees shall have the discretion to allot or allocate particular securities, real estate or other property, or an undivided interest therein, to or among any of the trusts herein created, subject nevertheless to the other provisions of this Will. ARTICLE NINE Fiduciaries (A) Appointment of Executor and Trustee. I appoint my son, PAUL R SHUEY, 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") and as Trustee of any trusts created hereunder (my said Trustee and any successor Trustee or co-Trustees shall be referred to herein as my "Trustees" or "Trustee"). Upon the death, renunciation or resignation of my son, I appoint PNC BANK as successor Trustee only of any trusts created hereunder. Notwithstanding the foregoing, the current beneficiary of any trust hereunder who is sui juris shall have the power to remove a Trustee of said beneficiary's trust, at any time or times, with or without cause, upon at least thirty (30) days' written notice given to such current Trustee; provided, however, that such removal and replacement shall only be effective upon the date said beneficiary shall have appointed a Corporate Fiduciary as successor Trustee and such Corporate Fiduciary shall have accepted the appointment as successor Trustee of such trust. ~~~ & ~ uP LAST WILL & TESTAMENT OF RICHARD D. SHUEY ATTORNEYS AT LAW Page S of 9 (B) Miscellaneous. Any successor Executor or Trustee 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 Executor or Trustee. No successor Executor or Trustee shall be obligated to examine the accounts, records, or acts of a previous Executor or Trustee, 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 Executor or Trustee. 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 TEN 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. (B) Corporate Fiduciary. As used herein, the term "Corporate Fiduciary" refers to any other corporation or association which is authorized to act as a fiduciary in the Commonwealth of Pennsylvania. (C) Survival Clauses. If any beneficiary hereunder should die within ninety (90) days after my death or within ninety (90) 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 maybe, for all purposes hereunder. (D) Beneficiaries Right to Income. Each trust created hereunder shall be entitled to a proportionate share of income accruing from the event as of which it is to be set apart (for example, the date of my death in the case of the JAMES C. SHUEY Trust). But all income undistributed at the death of a beneficiary of any trust created hereunder shall be treated as if it had accrued thereafter. (E) 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. (F) 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. ~ & ~ uP LAST WILL & TESTAMENT OF RICHARD D. SHUEY ATTORNEYS AT LAW Page 6 of 9 IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of Nine (9) typewritten pages, including this attestation clause the followin Acknowledgment and Affidavit, to be executed, declared and published this day of S~~ PT'~l~t 3 ~ rZ , 2003, at Harrisburg, Pennsylvania. RICHARD D. SHUEY On this ~ da of ~C: Y ~ ~~3, Richard D. Shuey declared to us, the undersigned, that the aforegoing instrument 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. ~~J ~ ~ S~{Ai~ A'It06 & 70NAI8QI ur LAST WILL & TESTAMENT OF RICHARD D. SHUEY ATTORNEYS AT LAW Page 7 of 9 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: I, RICHARD D. SHUEY, 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. RICHARD D. SHUEY Sworn or affirmed to and acknowledged before me by RICHARD D. SHUEY, the Testator this ~ day of~ L~rn ~ ~ ,, _ '1 ~' (SEAL) tary Public Commission Expires: Notarial Saaa1 .lean P. Zonarich NO~atY Public ~Y Of Harrish;~rg, t)auptgn ~~, MyCorrvnission Exi~ires apt. 14.2006 Member. PettnsYfvar~ qs~;~~ Of Notaries ~'`~~&~$ ~ LAST WILL & TESTAMENT OF RICHARD D. SHUEY ATTORNEYS AT LAW Page 8 of 9 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) We, _~ y'~YC~ ~ j~~~IlGtft i l~flae~,~ J ~ r Guv.'t ~ ~ and ~ o ~ N (2 4 ~U N~ 2 ~ c ~ the witnesses, whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw RICHARD D. SHUEY, 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. ,. ~'~'~~ ~ ~ ~ Residing at ~~Fl RaY~ ~ ~'G~~~ ` Residing at o`~~~ LC7CU~S`1- L~1~~ i~~-~ ~- rr~ ~ ~ 1 r-71 C91 l9yv ~~y,3n~~~i L!r?c,,a' -- HAnn~sl~c~~ ~ PA 1 » i ~~ Residin at ~ S , g ` ~ ? v S~v Sworn or affirmed to and acknowledged before e y ,and ,the witnesses, this ~ay of ~ be , ~ 3 , n ~ 7 ~ Public My - Notarial Sea! -- Jean P. Zonarich, Notary Public dh Of'iamsburg, Dauphin County y Con'xnt~tkn Expires setx.l4, 2ooG ~"""`'~11 ~JD cv ~~1 ~ ~ LAST WILL & TESTAMENT OF RICHARD D. SHUEY ATTORNEYS AT LAW Page 9 of 9