HomeMy WebLinkAbout12-19-12PETITION 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: BETTY C_RICHARDS ___
a/k/a: _
a/k/a: - __ - - - - _-__- --
a/k/a: ---- - _ - _ - - __ -
Date of Death: 12/10/20-12 __ __ _-__
_ File No: ~_ ~ ~~
_ (Assigned by Register)
Social Security No: 194-16-1951 _.
Age at death: 89 __- ___
Decedent was domiciled at death in CUMBERLAND . _ County, PENNSYLVANIA __ (State) with his/her last
principal residence at 218 ...WOOD. STREET __ _ 1711_ -EAST PENNSBORO TWP_ CUMBERLAND _
Street address, Pos[ Office and 'Lip Code City, Township or Borough County
Decedent died at 1901 NORTH FIFTH ST 171f~2 CITY OF HARRISBURG __ DAUPH~_ PA
Street address, Post Office and Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death:
Ijdomiciled in Pennsy[vanin ............................. ...All personal property $ ~- 23 , 000-• 00
Ijnot domicifed in Pennsylvania .......................... ...Personal property in Pennsylvania $ . ~
Ijnot domiciled in Pennsylvania .......................... ...Personal property in County $ _- ~_ _-_
Value ojrea[ estate in Pennsylvania ....................... ....................................... $ _ 11 D , 0 0 0 • 0 0
TOTAL ESTIMATED VALUE.... $ _133,000 •_DO
RealertateinPennsylvaniasituateda[ 218... WOOD STREET _.___ 17011_--EAST PENNSBORO .CUMBERLAND.
(A[mch addi7ianal .xheca~, ijnecersary.) Street address, Post Office an d Zip Code City, Township or Borough County
® A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated 91.27r/__199g-_. ___ and Codicil(s)
thereto dated -. -_
State relevant circumstances (eg. renunciation, death ofesecutor, etcJ
Gxcept as follows: after the execution of [he instrument(s) offered for probate Decedent did not marry, was nut divorced, was not a party [o a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child 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 (tf applicable)
c.l.a., d.fi.n., d. b. n. c.t.a., pendente lite, durante absentia, durance minoritate
r.;
If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and comDl~ list of heit
~
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Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had~ea'~stablishedehtti"~ O
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person. rtl ~ C7 c-~ ~ ;a7
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^ NO EXCEPTIONS ^ EXCEPTIONS
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Petitioner(s), after a proper seazch has/have ascertained [hat Decedent left no Will and was survived by the follow spous~if and) and ha[_rs (attach
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addi[ionai sheets, ijnecessaryf: C"? ~-, n 's'k
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND _. _-_ }
Official Use Only
RAC ~~
R i V ~ t m rt ~
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_ Pentioner(s)PrintedName -___.1133 NORTH 25TH STREET 1:>~,rmt ^dd T~__
TODD E__RICHARDS- , ____-_ CAMP HILL ,. C ''t -n PA 17011
OFr NA~dS' i/~~~,~T
_- --- - -- r-wDtn
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The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are tme and correct to the best of the knowledge and belief
of Petitioner(s) and that, as Personal Representative(s) of the Deced~lha-Petitjpnej(s tll well and truly administer the estate according to law.
Sworn too q~fitTrted subscr'bed before ~ i~~ , ~ ~~`7 / ~
~"1 -,~e~~'" - --- -- - Date _ -
me this -~ ~ da '.- , ?~12 _ Date _____
By' / _~~ --- - -.-~ _ Date
~~~.F' r dhe e r _ _ _ Date
BOND Required: ^ YES '47 NO
FEES:
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$ ~
e
ters ..................... ..
~,, -
(~~
)Short Certiftcates(s) ..
J
y
....
( }Renunciation(s) ...... .... - -_ _
( )Codicil(s) .......... .... -_
( )Affidavit(s) .......... ... - - ---
Bond ..................... ....
-- --
Commi ssion ................ .... . -- - --
Other ---- -- __ ..... ... .
To the Register of Wi[[s:
Please enter my appearance by my signature below:
r-- -- ---
Attorney Signature:
G~d~'~-U
Printed Name: DAVID W ~ REAG R
Supreme Court
ID Number: 20868_ __
Firm Name: REAGER _& ADLER,_ PC
Address: 2331.-MARKET STREET
CAMP_ HILL _ _,______ PA-_ 17011,
717-763-1 83 _ ___-.__ _
_717-730-7366 _ _
DWREAGERaREAGERADLERPC.COM
-_ -
I Phone:
Fax:
Email:
~ -
DECREE OF THE REGISTER
Estate of BETTY-C- RICHARDS
a/k/a: _ -_ -_ _-_-_ --
- File No: -i~i.Lu~" /a~?j/ _
AND NOW, _ ~ -C~lu~~e~ ~_ ,~~ _._ , in coo sidgration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED tha~;~'e~tte~rs~/.-/ ~~1~'L?a~u ._--_
- - ____ _ - _- - --_ - --- are hereby granted t uc(1.~ ~ ~-'~
-
in the above estate and (if applicable) that
~-- ---
the instrument(s) dated - ~_ C~. ~ `/ l ~ _ --__.-___ _ __ _- __
described in the Petition be admitted to probate and filed of record as the last Will (a}~d Codicil(s~ of Decedent.
Form RW-Ol rev. [0.'//201/
Page 2 of 2
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Typ¢/Print In COMMONWEALTH OF PENNSYLVANIA ~ pF PARTM ENT OF HEALTH ~ VITAI RECORDS
Permanent ["F RT~GI!"'ATG nC 1"1CATY
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1. pecedCn['S L¢gal Name (First, Mi ldl¢, Last, SnfRa) 2- Sax 3. S ial G url<y NVMh¢[" •4. Date Of peatb (MO/Day/V i) ISpell Mu)
tt C_ Richards F_ 194-16-1951 r~--~tber 10, 2012
Sa. Ago-Last glrthdaV (Yr4) Sb. Under 1 Vear Sc- Under 1 Da 6. parr or Birth (MO/UaV/Y¢ar) (Sp¢II Mon[M1] ]a Birthplace (CI[y antl State or FO
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c l$ Country)
Monff+s Days Hours Minutes ~
6
A701~.1t ease t Mifls PA
89 ust 21, 19 23 ]h. Birthplace (cpt,ntvl n d
8 ResldcncC (Starr ur Foreign Coun[rY) 66. Reridance (Street and Nurnbar -Include Apt Nn.) Sc. Did De etlrnt Live In a Towns M1ipi
Penns lvania ,
dapeden[ rY¢tl in Fast Pennsboro
ga. Reslaenpe (cnnn[y) 218 Wood $t_ ,
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Cumberland He. Resltl¢nce (21p Cudef 011 Q NO, decedent IIveJ within limits of city/burn.
9. Ev¢r in US firmed FotcesT 10 Matttat Status at Tirnr of Deat1T L] Married ~ Wldnwetl 11. Surviving SpOUZe'a Name (If wife, glue name prior to first mar Iagel
[] Yes (~NO Q Unkn ~ Dlvu ¢d Q N¢ r MaCrled ~ Unkn
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12. FatbCr's Nam¢ (First, Middle, Lase Suffix) 13. Moifiei s Name PelOr to First Marriage (First, Middle, La Sf)
Robert Heintze].man Beulah Hackenburg
]ba. Informam's Name 14b. Rela[IOnzhip to Decedent ]bc Inform9nt's Mailing Add rezs (SLrc¢t and Nurr.ber+CiN, Sta[¢, Z1p COde)
o 'Ibdd Richards Son 218 Wood..St. Camp Hill, PA 17011
_ _ _ _
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~~~~~~~~~~-~~~~~-~~-~~-~~-~ _ _ rat,(cn¢c
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If Peelle Occurred Ina HosPltal
~ In Patient
~ __
If Dea[I
i Occurred SOmewhnrr Other Than a Hospi[al~~~
~~~~~~-~CY HOSPICr Fec{IiSV ~~~-~~~~-~~~~~~pecetlen['z Hom¢~~-~~~~
[] Fm¢rg®nCY ROOT/Outpatient ~ Dead On Ardval
~ Nursing HOm¢/LOng-Term Cafe Ga Clll[Y Other (Specify)
15h Facility Name flf not Ins[Itntiun, glue street antl number; 15 c. City or Town, State, a d Zil> COtl¢ 15d County of Death
Homeland Center Harrisbur PA 17102 Da.Tphin
I6a. Method Of Dispnzlt lUn Q HVrlel CiemaTlOn 166. Date Of Uispoxttlnn 16c. Place of pizpO~itlon (Name of crmrte ry, crem8tory, ^r i+t l+er place)
~ p Ren.uval frOM State ~ Donation
,~ Dmer (spedfy) _ 12 12 2012 Holli er Gremato
~ lbd. Location of DISpOSi[lon (CI[y nr Tuwn, State, antl Zip) 12a afore Uf Fu nPral Service r P¢ n Charge Of Interment 1]b. License N Vmh¢r
v Mt_ Holl S i s PA 17065 014819
0 1]c. Namn d C plate gddre (Funeral cl Y
Myers-~larr.er ~Ymeraf ~ome, Inc_ 1903 Market St., Camp Hill, PA 17011
1H. Decedent'c Education -Check the box [M1at best describes fhr 19. Decedent of Hispanic Origin Check the 2p. Dec¢dr-nf's Race -Check ONF OR MORE races to Indicat¢ what
hi8hest degree or IGVCI of school completed e[ the time of tleath. box that bast tlescrlbe5 whrnc~r [he decetlenf [hr deced¢nC considered M1lmself or Fcrzrll t0 be.
~ gTM1 grade or less Is Spa nlsh/Hispa rile/Latino. Check the ••NO" hire ~ Korean
0 NO dlplOma, 9th - 12th grade box If tla eflEnt IS not 5 nlsh MI5
Pa / Pa Ic/Latino.
n ear
Black or Afri r American Q Vle[na mese
~ High school graduate or C+Ep c mpleted ^C Spa nlshJHlSpa nlC/Latino Q qn can Indian or Alaska Native [] Orf+er 4slan
f
SOm¢ cnllr r¢dlt, but no de
0 fie c gene es, Mfrtlcan, Me scan American, Cbic anu
x [] gsian
lndian [] Native Ha
Associate degre P. (r.8- 4q, qS)
' ~ Vrs, Puerto Rlcan Q Chineze ~ Guamanian o rGhamorro
9achalOr
s tlegree (e. g. BA, 48, BS) ~ Y¢s, Curran Q Filipi^O ~ Sam^an
0 Master's degree (e,g. MA, M5, MCng, MEd, MSW, Mgq) 0 Yas, other Spanish/Hispanic/Latino ~ )a panese U Other Pacific Islander
~ Doctorate (r g. Ph p, Edo) or Prof¢ssiOnal tlegree (Specify) - [] Other (Specify) _
Mp DDS, DVM, LLB lD
21. De[etlent'S Single Raca Self-O¢slgna[ion - flrrck ONLY VNE [o Indlaa[e what (he tlecetlrnt cunsltle r¢d M1lmself or irersalf to be. 22a. Decetlent's Vstral Or.:upatlon -Indicate type Of work
W lrr[a Q ]Bpa nesr ~ SamOan
91ack or 4frican gmerl¢an Q Koran Q Other PaclTlr. {zlantler tlOne during rrrus[ of wOrking life p0 NOT VS£ RETIRf O.
gmeilcan Indian nr Alas ka Nanve ~ Vln[namese ~ Don't Know/Not SUrn Re. 1Stered N111"Se
~ Asian Indian Q other gzian ~ RafusrJ
~ Chineze ~ Na[IVe HSwaiian ~ Other (Specify) 22b. Kind of Busin¢ss/Ind usery
[~ Flllplno o VUamanlan Vr CI+am Prrn - --
Hos ital
ITEMS 23a - 23tl MUST BE COMPLETED
BV PERSON WHO PRONOUNCES OR 23a. Dete Pron OU nc¢tl Oead (MO/VaY/Yr)
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~ 236. Signature of Person Pronouncing Death Only wfren apph[ablr 23c. License Numhrr
CERTIFIES DEATH ~""Z`-"'r"'
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23d. Date SlgnQtl (MO/Day/Vr)
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24. Time of tF ~] (J
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O - 3 ~ \ Z .Was M¢dlcal Examiner Or Cofoner Con[a¢[ed'> ~- Yes No
CAUSE OP DEATH
Approx
Sfi. Part L Enter [he cM1ain of a rots- diseases, inlu rtes, or uOmpllcations-that dircrtly causetl the death. DO NOT enter tnrrrrinal events such ac cardiac a rest Intervaltlta
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Yesplratory arrest, or ventricular fl6rlllatiun wl<houf showing tfiTc etiology. UO NOT ABBREVIATE. Enter only One ceuse on a line. Add additional linra
if necessary OncrL [O OeatM
IMMEDIATC CAUSE ------ -- --> a. _ ^r ~j~/r/ ~/ C1/'j
(Final disease O ntllilnn Doc fo (Or as a COnsagUrnce Ofl:
resulting in .lea[M1)
-
xqurrrdauy Bat condl[lons,
pu¢ r Q.,r as a wnsequence nt): -
If env. leaaing to the cause
listed on Ilne a Enter the
UNDERLYING CAUSE Due to (Or as a consequence Of);
(dlaease or tnl+•ry mat
- ninatad the a rite re.ul[Ing d. -
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in death) LAST.
Uue to (or as a con~egUen a of)-. - -
ag 26. Part IL Enter other sl¢nlflcant [: ntlltlons cOnfributln¢ [o tleath but riot resulting In the untlrrlying cause given in Part I 2%. Wa autopsV perform
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28. Were autopsy findings avnrlable
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$ o pIC[¢ the cause of~yaFf+?
t0 c O Yes dT•1
29. If Fe ¢: 3D. Did Yubacco Uze Contribute co Death? 31. Ma f Death
E
•S Not. pregnant within pass year
P ~ Vy' [] probe blY atural Q Noml[i0e
0
regnant aT time of death [XNO Q Unknown Q Acrldrznt ~ pending Inves[Igation
m 0 No[ pregnant, but pragnanC Within 42 days Of death Q SulClde ~ COVId rip[ b¢ tl¢trrrnlned
fl Not prrgnan[, but pregnant 43 days to 1 Yrar belura tleath 32. Date oT Inf4ry (MO/Day/Yr) (Spell Month)
[] V nknown If pregnant within [h¢ pant year 33- Tlma Of Injury
34. Place of InjVrV (P.B- bOme; cnnstrUCtlOn zne; Farm; sChopl) i5. Locaflon of Injury (Gtrret and Nu Tber, Clty, Stale, Llp Cotlrl
36. Injury at Work 3]. If Transportation 1n}ury. 5 cclfy. 38. Describe Huw
In)urv Vccu reed.
(~ O OrivEr/CJprratnr Q p2des[rian
[] Passcngrr [J Other (SPecIN)
33e.C lee (ChacN only one):
Certifying physician -TO the best of any knowledge. deatb n red due (o the c
- se(e) and manner stated
~ Pr unounclnR & CertlHinB PM1YSlclan f0 the 6r•c[ of my knowledge, dratl+000Urr¢d a[ the time, date, and place, and due Co the c se(e) and manner stated
~ Me05ca1 Fza miner/COrOner- On t6 sls of ¢xa
nation, a r I estig0[ion, in ny oplnrOn. death n _ red a[ ihf lima, elate, and place, and rlue to [M1e Ca USe(s) and manner ztaterl
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SlgnaCU re of crrtiliar:_ re ) TI[le of uertlfler: /Urn license Numl:ner~fy~' CpG 4 7 0 G/ L
39 b. N me, gddrrsy antl Zlp COde f P n COm Pleting Cause Of Dee (Item Z6)
co 39
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Da~r Signed (MO/Day/Yr)
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GO. Registry r'S plstrict Number 41. Reglsf ear's Signa 4Z. Rcgrgtraf Flle Ua[e lMo/Day/Vr)
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Disp OSi[ien Permit NO. 0756991 H305-143
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LAST WILL AND TESTAME~'~ r.,
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OF
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BETTY C. RICHARDS ;~ ` J P
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I, BETTY C. RICHARDS, of Camp Hill, Cumberland County, Pennsylvania,
being of sound mind and disposing memory, though I realize the uncertainty of this life, I have full
confidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross for my sins and
in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on
the cross for me I have eternal life, do hereby make this Will, hereby revoking all my former Wills and
Codicils:
Article One: Tangible Personal Property:
1.1 I bequeath all my tangible personal property in accordance with the terms of a
Personal Property Memorandum I may prepare. If no such memorandum is located or received by
the Executor within 60 days after being appointed as such, after conducting a reasonable search for
such memorandum, the Executor shall be held harmless for distributing such property as hereinafter
provided.
§ 1.2 I bequeath such assets not disposed of by such memorandum, or all of such
property if no such memorandum is so located or received, to my children, per stirpes, to be divided
among them in as nearly equal shares as they agree. In the event of irreconcilable disagreement
among my children, they shall take alternate turns selecting individual items with the oldest child
making the first selection. Any items not so selected shall be sold and the proceeds shall pass as a
part of my residuary estate.
§ 1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies
of insurance on such property to the beneficiary entitled to such property.
§ 1.4 I direct that the expenses of storing, packing, shipping, insuring and delivering
any such property to the beneficiary entitled thereto shall be paid by the Executor as an
administrative expense of my estate.
Article Two: Residue:
§2.1 I devise and bequeath all the residue of my estate of whatever nature and
wherever situated to my children, per stirpes; provided, however, that I give to the Trustee
hereinafter named any share passing hereunder for the benefit of any Beneficiary of mine who shall
not have attained the age of twenty-one (21) years, to be held, administered and disposed of in
accordance with Article Three hereof (the "Beneficiary's Trust") for the benefit of such Beneficiary.
As of the date of this Will, I have four living children: Todd E. Richards of Camp Hill, PA; Paula
M. Neil of New York, NY; Brenda M. Devaney of Flower Mound, TX; and Rodman L. Richards
of Camp Hill, PA.
Article Three: The Beneficiary's Trust:
§3.l The Trustee shall hold, manage, invest and reinvest the assets of the
Beneficiary's Trust, collect the income thereof and:
§3.1.1 While the beneficiary of the Beneficiary's Trust (the "Beneficiary")
is under eighteen (l 8) years of age, the Trustee shall apply to or for the benefit of the
Beneficiary so much of the net income and, if the net income is insufficient, so much
of the principal of the Beneficiary's Trust as the Trustee shall from time to time deem
necessary or proper for the Beneficiary's health, maintenance, support and complete
education, including preparatory, college and graduate education, and professional,
vocational or technical training, taking into account other available funds, including
the Beneficiary's assets. The Trustee shall annually accumulate any net income not so
distributed and add the same to the principal of the trust property.
§3. ] .2 After the Beneficiary attains eighteen (l 8) years of age, the Trustee
shall distribute to or for the benefit of the Beneficiary the net income of the
Beneficiary's Trust in quarter-annual installments, or more frequently if the Trustee
deems it advisable, and so much of the principal as the Trustee shall from time to time
deem necessary or proper for the Beneficiary's health, maintenance, support and
complete education, including college and graduate education, and professional,
vocational or technical training, and to assist the Beneficiary with reasonable wedding
expenses, in the purchase of a principal residence or in the establishment of a
profession or business considered a good risk by the Trustee, taking into account
other available funds, including the Beneficiary's assets.
X3.1.3 Any Beneficiary upon reaching the age of twenty-one (21) years may
withdraw any or all of the principal of that Beneficiary's Trust.
2
§3.1.4 If the Beneficiary dies before the complete termination of the
Beneficiary's Trust, the Trustee shall distribute the property then held in trust to such
persons or corporations, (including the Beneficiary's estate), in such amounts and
upon such trusts, terms and condition, as the Beneficiary by last Will may appoint by
specific reference to this general power of appointment; provided, however, any
portion of the trust property not subject to the Beneficiary's power of withdrawal
immediately prior to the Beneficiary's death may only be appointed to one or more
of the Beneficiary's issue, in such amounts and upon such trusts, terms and conditions
as the Beneficiary by last Will may appoint by specific reference to this special power
of appointment. Any property not so appointed shall be distributed to the
Beneficiary's then living issue, per stirpes, or if none, to my then living issue, per
stirpes.
Article Four: Appointment of Fiduciaries:
§4.1 I appoint my son, Todd E. Richards, as Executor of this Will. If Todd E.
Richards is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my
daughter, Paula M. Neil, as first, contingent, successor Executrix. All references herein to the
"Executor" shall mean my originally appointed Executor or my successor Executrix, as the case may
be.
§4.2 I also nominate these same persons, in the same order, to be the Trustee of any
trust created under this will and the Guardian of the persons and property of any minor beneficiaries
under this will. However, if a parent of a minor beneficiary is alive, and in the opinion of my Trustee
is capable and willing, the parent of the minor beneficiary shall be the guardian of the property of their
child.
Article Five: Powers of Fiduciaries:
§5.1 No fiduciary under this Will shall be required to give bond or other security for
the faithful performance of the fiduciary's duties.
§5.2 Any such fiduciary shall have the following powers, in addition to those given
by law:
§5.2.1 To invest in, accept and retain any real or personal property, including
stock of a corporate fiduciary or its holding company, without restriction to legal
investments;
§5.2.2 To sell, exchange, partition or lease for any period of time any real or
personal property and to give options therefor for cash or credit, with or without
security;
3
§5.2.3 To borrow money from any person including any fiduciary acting
hereunder, and to mortgage or pledge any real or personal property;
§5.2.4 To hold shares of stock or other securities in nominee registration
form, including that of a clearing corporation or depository, or in book entry form or
unregistered or in such other form as will pass by delivery;
§5.2.5 To engage in litigation and compromise, arbitrate or abandon claims;
§5.2.6 To make distributions in cash, or in kind at current values, or partly
in each, allocating specific assets to particular distributes on a non-pro rata basis, and
for such purposes to make reasonable determinations of current values;
§5.2.7 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of income
or principal of any person affected thereby;
X5.2.8 To allocate, in the Executor's sole and absolute discretion, any portion
of my exemption under Section 2631(a) of the Internal Revenue Code to any property
as to which I am the transferor, including any property transferred by me during my
lifetime as to which I did not make an allocation prior to my death;
§5.2.9 To create, except when the fiduciary is a beneficiary of the subject
trust, with respect to all or any part of the principal of any trust hereunder, including
a pecuniary amount, by a written instrument a general testamentary power of
appointment within the meaning of Section 2041 of the Internal Revenue Code in any
beneficiary thereof and to eliminate such power for all or any part of such principal
as to which such power was previously created and to divide trust principal into two
fractional shares based upon the then portion of the trust that would be includable in
the gross estate of the beneficiary holding such power if he died immediately before
such division (in which case the power shall be over the entire principal of one share
and not the other), with each share being administered as a separate trust, unless such
fiduciary shall thereafter elect to combine such separate trusts into a single trust; to
exercise the foregoing discretion to create or eliminate a general testamentary power
of appointment when such fiduciary determines that the inclusion of the property
affected thereby in the beneficiary's gross estate may achieve a significant savings in
transfer taxes by having a federal estate tax in lieu of a Chapter 13 tax imposed by the
Internal Revenue Code on the property subject to such power of appointment or may
achieve significant income tax benefits;
§5.2. ] 0 To disclaim any interest 1 may have in any estate if the Executor
deems such disclaimer to be in the best interests of my estate and the beneficiaries
thereof;
4
§5.2.1 1 To terminate any trust created herein, the principal of which is or
becomes too small in the Trustee's discretion to make the establishment or
continuance of the trust advisable, and to make immediate distribution of the then
remaining trust property to the beneficiary then entitled to the income of the trust
property or, if there is more than one beneficiary, to the beneficiaries then entitled to
the income of the trust property in proportion to their respective interests therein
or, if such interests are not defined, in equal shares to such beneficiaries; provided,
however, no Trustee shall participate in any decision to terminate such trust if by
reason of such termination such trustee could receive a distribution of trust property
from such trust as aforesaid. The receipts and releases of the distributee(s) will
terminate absolutely the right of all persons who might otherwise have a future
interest in the trust, whether vested or contingent, without notice to them and without
the necessity of filing an account in any court; and
§5.2. l2 To merge any trust created hereunder with any other trust or trusts
created by me or my spouse under will or deed, if the terms of any such trust are then
substantially similar and held for the primary benefit of the same person or persons.
Article Six: Provision for Taxes:
§6. l All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death to any government or subdivision thereof upon or with respect
to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by
the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will,
and all interest with respect to any such taxes shall be paid by the Executor out of the income or
principal or partly out of the income and partly out of the principal of such portion of my estate, in
the absolute discretion of the Executor, without reimbursement from or apportionment among the
beneficiaries, recipients or owners of such property for any such taxes, penalties or interest; provided,
however, the Executor shall not pay any such taxes, penalties or interest attributable to any property
included in my estate solely because of a power of appointment thereover which I possess but have
not exercised or any qualified terminable interest property; provided further, however, the Executor
shall not pay any supplemental federal estate tax, or any penalties or interest related thereto, imposed
by Section 4980A(d) of the Internal Revenue Code, which supplemental federal estate tax, together
with any penalties or interest related thereto, shall be borne by the recipients of the qualified plan
benefit (including my estate if it is a recipient of any such benefit) giving rise to such supplemental
federal estate tax in proportion to their respective interests therein.
5
Article Seven: Provision for Debts and Expenses:
§7. ] I direct that any of my legally enforceable debts, any expenses of my last illness,
funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal
of that portion of my estate disposed of by Article Two of this Will.
Article Eight: Miscellaneous Provisions:
§8. l As used in this Will, the term "Internal Revenue Code" shall mean the Internal
Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent
law.
§8.2 Whenever a discretionary distribution of net income or principal is permitted
pursuant to any trust created by this Will, if such distribution may be made in whole or in part to a
person who is then a trustee of such trust, such person say not participate in any way in the decision
whether to make such distribution. No trustee who is under a legal obligation to support a
beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to
the trustees of that trust to distribute net income or principal in discharge of that legal obligation.
Furthermore, no trustee shall enter into any reciprocal arrangement with any other trustee for the
purpose of indirectly exercising a power prohibited hereunder.
§8.3 Whenever the Trustee is directed to distribute property to or for the benefit of
any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers
from an illness or mental or physical disability that would make distribution directly to such
beneficiary inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the
Trustee may distribute such property to the person who has custody of such beneficiary, may apply
such property for the benefit of such beneficiary, may distribute such property to a custodian for such
beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee),
under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may
distribute such property directly to such beneficiary's estate, or may distribute such property
directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply),
without liability on the part of the Trustee to see to the application of such property. This provision
shall not in any way operate to suspend such beneficiary's absolute ownership of such property or
to prevent the absolute vesting thereof in such beneficiary.
6
§8.4 Except as otherwise may be provided in this Will, during the continuance of any
of the trusts created under the provisions of this Will, and thereafter until the property is distributed
to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary,
respectively, and the income thereof shall not be subject to or liable for any contracts, debts,
engagements liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or
committed, but shall be absolutely free from the same, and such beneficiary shall have no power to
sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein,
respectively, or the income thereof, or to anticipate the income.
X8.5 If any beneficiary hereunder should die within thirty (30) days after me or within
thirty (30) days after any other person the survival of whom determines his rights hereunder, then
such beneficiary shall be deemed to have predeceased me or such other person for all purposes
hereunder.
IN WITNESS WHEREOF, I, BETTY C. RICHARDS, have hereunto set my
hand and seal to this, my last Will, typewritten on eight (8) sheets of paper, including the self-proving
T' ~-
attestation clause and signatures of witnesses, this Z - `day of S~ P ~ ~ n /~ ~- ~ , ] 948.
v
~~ ~~. _ ,G~-C~~ ~~t (SEAL}
BETTY C. RICHARDS
Signed, scaled, published and declared by the above named BETTY C. RICHARDS as and
for her last Will, in the presence of us and each of us, who, at her request and in her presence and in
the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year
last above written.
Residing at j 0 3S 0/aKd-c cJ C_ tRccc~
1?Dl.t e^v r.~~ ! ~, ! ?0 S~7
ZG ~-t Residing at
~ ,
~~ ~~~ ~~r'~"1~ Residing at
2, f t7 y ~, L~V yE//Trey ~, ,g,,fG
~Not,,~ ~ l'~. I ~~Z~
7
COMMONWEALTH OF PENNSYLVANIA.:
COUNTY OF CUMBERLAND
SS.
We, BETTY C. RiCAARDS, the testatrix, and
tc ~ ~ n /~,. ST GI A st r ~o R o 7 Ny >~, -L R w~ ~ M ,and
~, ~ ~ R N t .~f`1 r -r N ,the witnesses, whose names are signed to the attached
or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
the testatrix signed and executed the instrument as her last Will; that the testatrix signed willingly
and executed it as her free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the testatrix signed the Will as a witness and that to
the best of his or her larowledge the testatrix was at that time eighteen (18) years of age or older, of
sound mind and under no constraint or undue influence.
i~ '~~
'~ -.fit' L J: yl G. , C_l~C~-~G~
BETT 'C. RICHARDS fitness
Witness Witness
Subscribed, sworn to and acknowledged before me by BETTY C. RICHARDS, the
testatrix, and subscribed and sworn to before me by
Tj,` ~ ~,~ /'7r ~ l ~t t~ R T ~GRo r Ham, .1. /~ w ..~. and
l~ t
-.~,, ~ a RNr .~h ~ r r t the witnesses, this Z ' day of
S~ /' ~ r' !" ~ 6 ~ n .1998.
otary Public
My Commission expires
SEAL- -" o anal"seal
Laure E. Kane, Notary Public
Camp Hill eoro, Cumberland County
My Commission Expiras Nov. 15. 1999
Mr;mber, Pennsylvania As;~ocl:~tlpn c,t Natarlao
8
PERSONAL PROPERTY MEMORANDUM
TO ACCOMPANY WILL OF BETTY C. RICHARDS
As provided in Article Qne of my Will, I hereby designate that the following listed
property shall go to the persons whose names are designated herein.
ITEM: NAME:
1.
~.
4.
5
6.
7.
8.
9.
10.
Il.
12.
13.
14.
1 ~.
16.
17.
18.
19.