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Home My WebLink About01-14-13Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENl\TSYLVANIA 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: ANNA MARIAN STRAW a/k/a: a/k/a: a/k/a: Date of Death: December 12, 2012 ~, ,-- File No: L 1 ~ ~ " ~ ~~~. (Assigned by Register) Social Security No: 202-20-1232 Age at death: 86 Decedent was domiciled at death in Cumberland County, pennsvlvania (State) with his/her last principal residence at 14 Drexel Hills Cr, New Cumberland, PA 17070 New Cumberland Borough Cumberland Street address, Post Office and Zip Code City, Township or Borou gh County Decedent died at 1000 West South Street, Carlisle PA 17013 Carlisle Cumberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ............................ All personal property $ 150,000.00 If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania $ If not domiciled in Pennsy[vania ........................ Personal property in County $ Value of real estate in Pennsylvania ...................... ................................... $ 300,000.00 TOTAL ESTIMATED VALUE.... $ 450,000.00 Real estate in Pennsylvania situated at: 14 Drexel Hills Cr, New Cumberland, Cumberland County & 617 Peffer St. Harrisburg, Dauphin (Attach additional sheets, if necessary.) Street address, Post Office and 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 April 6, 2010 and Codicil(s) thereto dated State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 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, durartte 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 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 ~~' r _~.... ~,~.... ~ .. Petitioners , after a ro er search has/have ascertained that Decedent left no Will and was survived b t ollowin souse if an iar eirs attach additional sheets, if necessary): ~- ~,~ _ -- , w .~ Name Relationshi r~pidwd.~es~s' t"' ,~ tl ~ °° .4 ,. • , .; _ _. , ::.., Form RW-02 r•ev. 10/11/2011 Page 1 Of 2 Oath of Personal Representative off~~ai Use on~y COMMONWEALTH OF PENNSYLVANIA } ~ -=~; ~'i ~ COUNTY OF Cumberland } ... ,,... etitioner(s) Printed Name Petitioner(s) Printed Addless ;;~.;,.,_ P~°~~~~, °, . ~i:~~ B an W. Shook 643 Brisbain Lane Enola Penns lvania 17025 k"` ` - :._ ;; . .4 .. p The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decede e/P~e~titioner(s) 'I well and truly administer the estate according to law. Sworn to or a firmed d subscribed before "~-/. Date I ~ ~`-! a20~.3 me this ~ ~~'ay o~ t , .2L~1 Date By. ~ I" ~' _~ Date Foy- e Register Date BOND Required: ~ YES ~ NO To the Register of Wills: FEES: Please enter my appearance by my signature beloh~: ,~, Letters : f, .................. $ ! ~~ ' C~ t"` ( ~~ Short Certificate(s)...... ~.. j~~~~~~`~ ( `)Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . O~/~ ~ ....... c '~~ i~ ~ ....... r Automation Fee . ............. . JCS Fee . ................... . TOTAL ..................... tJC. , 1 _:~7`'~ c'~ (,1 .~~o $ -0.~.__ f -- ~..~) Attorney Signature: Printed Name: Bryan W. Shook, Esquire Supreme Court ID Number: 203250 Firm Name: Address: DECREE OF THE REGISTER Estate of ANNA MARIAN STRAW ' ~' File No: ~ % - /,~ a/k/a: . ~.- -7,....... 0 AND NOW, ~i7 ) ' '^ , in consideration of the foregoing Petition, satisfactory proof having been pr ented before me, IT IS DECREED that Letters Testamentary are hereby granted to Bryan W. Shook in the above estate and (if applicable) that the instrument(s) dated April 6, 2010 described in the Petition be admitted to probate and f led of record as the last Will (and Codicil(s) of Decedent. ~ I ~' ~ ~ ~ Register of Wills ~ 1Y 4 l/~~/ f~ ~ ~' y.... Fornz RW-02 rev. !D/l1/2011 ' Page o /'~~ ~/ 1jO.""M1 .. ,._..~ ...,~.I 19 ~ 7~ -~ ~~~ ~:::~ E ~~ ~~~~ ~° - ~~'~ ~ .DEC 1 ~ 2012 r:„,°a _..1 ~ ~ TYPe/Print In ..+ ... ~ ^~ .» COMMONWEALTH OF PEN NSVLVANIA -DEPARTMENT OF HEALTH -VITAL RECORDS Permanent Black Ink ~,• ~~- C:'. .,,~ CERTIFICATE OF DEATH 1. Decedent's 1(Q~al j~(arne (First, Middle, La u ) State File Number: ~ LJ 2. Sex 3. Social Security Number 4. Date of Death Mo Da Anna •j~! ,x i ~"i"'i~ Straw Female 202-20- ] 232 ( / v/Vr) (spell Mo) Sa. Age-Last Bia rs December 12 , 2012 Y ) la_.,Under 1 Vear c. Under 1 Da 6. Date of Birth Mo/Da ( y/Year) (Spell Month) 7a. BirthplaFe (City and State or Foreign Country) .°1Glionths Days Hours Minutes E1liottsburg, PA ~/ 86 January 20, 1926 8a. Residence (~~ate or Foreign Count 7b. Birthplace (County) 2rry Pennsylvania ry) 86. Residence (Street and Number -Include Apt No.) Sc. Did Decedent Live in a Township? Sd. Resfdence (Countyy) 14 DreXel Hills C1rCle (]Yes, decedent lived in CLII1762r1and r~iF twp. Se. Residence (Zip Code) 1 7070 ~ No, decedent lived within limits of NeW CLmberl and 9. Ever in US Armed Forces? 10. Marital Status at Time of Death city/boro. ~] Ves `~] Np Q Married Widowed 11. Surviving Spouse's Name (If wife, give name prior to first marriage) ~ Unknown ~ Divorced ~ Never Married [] Unknown 12. Father's Name (First, Middle, Last, Suffix) Russel P2C)C 13. Mother's Name Prior to First Marriage (First, Middle, Last) Ruth Yingling 14a. Informant's Name 14b. Relationship to Decedent 14c. Informant's Mailing Address (Street and Number, Ci o Bryan W_ Shook Es ui.re POAD ty, State, Zip Code) 4 643 Brisbain Lane Enola, PA 17025 C .................................. _ ""•-••--•--•••-•••••-•-• ............ ........ 15a. Place of Death (Check only onel ~ If Death Occurred in a Hospital: -- "•'-""-"-'•••--••-•:•••••••-•••-- Inpatient ...... .. ....................... _ _ ; If Death Occurred Somewhere Other Than a Hos ~ ~~- -- ~•-"'--'••--"'-"'--"--•---• pital: ......... ...... Emergency Room/Outpatient ~ Dead on Arrival ~ Hospice Facility Q Decedent's Home i5b. Facility Name (If not institution, ive street and number; ~ Nursing Home/Long-Term Care Facility Q Other (Specify) z Sarah A. Todd NletirJr l_a~ Home 15c. City or Town, State, and Zi code LL Carlisle, PA 170 13~ 15d. County of Death ~;-, 16a. Method of Disposition Cumberland m O ~ Burial Cremation 16b. Date of Disposition 16c. Place of Disposition (Name of cemete Removal from State ~ Donation ry, crematory, or other place) (] Other (Specify) Deaember 17 12 Ctanberland Crematory, LLC 16d_ Location of Disposition (City or Town, State, and Zip) 17a. Signature of Funeral Service Licensee or Person in Charge of Interment 17b. License Number Carlisle, PA 17013 r~~.`~~ °- f "`"'G --~~ ~--"''-~ FD O 12774-L E 17c. Name and Complete Address of Funeral Facility 8 Richardson E'1>tneral Home 29 South Enola Drive Enola, PA 17025' 18. Decedent's Education -Check the box that best describes the 19. Decedent of Hispanic Origin -Check the ~= highest degree or level of school completed at the time of death. box that best describes whether the decedent the decedent consideredeh mOself or hersOe if to be to indicate what 8th grade or less is Spanish/Hispanic/Latino. Check the "NO" No diploma, 9th - 12th grade ~ White ~ Korean box if decedent is no[ Spanish/Hispanic/Latino. ~ Black or African American ~1 High school graduate or GED completed Q Vietnamese ~ Some college credit, but no degree [~NO, not Spanish/Hispanic/Latino ~ American Indian or Alaska Native Yes, Mexican, Mexican American, Chicano Q Other Asian ~ Associate degree (e.g. AA, AS) ~ Asian Indian ~ Native Hawaiian ~ Bachelor's degree (e.g. BA, AB, BS) ~ Yes, Puerto Rican ~ Chinese O Q Ves, Cuban Guamanian or Chamorro ~ Master's degree (e.g. MA, M5, MEng, MEd, MSW, MBA ~ Filipino ~ Samoan Ves, other Spanish/Hispanic/Latino ~ Japanese ~ Doctorate (e.g. PhD, EdD) or Professional degree ~ Other Pacific Islander e. MD, DDS, DVM, LLB, JD) (Specify) ~ Other (Specify) 21. Decedent's Single Race Self-Designation -Check ONLY ONE to indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation -Indicate type of work [~ White ~ Japanese 0 Black Or African American ~ Samoan done during most of working life. DO NOT USE RETIRED. Q Korean CJ Other Pacific Islander W ~ American Indian or Alaska Native ~ Vietnamese Secretary ~ ~ Asian Indian Cl Don't Know/Not Sure Q Other Asian ~ Refused ~ Chinese 0 Native Hawaiian 226. Kind of Business/Industry Q ~ Filipino ~ Other (Specify) ~ Guamanian or Chamorro ale Movers II1C. Harrisburg, PA ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Prono nced Dead (MO/Day/Yr) 236. Signature of Person P nouncin Death Onl when a BY PERSON WHO PRONOUNCES OR ,rQ ( y pplicable) 23c. License Number CERTIFIES DEATHSM~~}~ ~ a t ~ , ~ ~-/ 1 ~~ ~ ` f ~- y/Yr) 24. Time of Death_ ~ f ~ ~~ i 8 ~ J Ylrl 25. Was Medical Examiner or Coroner Contacted? f \/ L Q Yes No CAUSE OF DEATH 26. Part 1. Enter the chain of events--diseases, injuries, or complications--that directly caused the death. DO NOT enter terminal events such as cardiac arrest Approximate respiratory arrest, or ventricular fibrillation without showin the etiolo Interval: g gy. DO NOT ABBREVIATE. Enter only one cause on a line. Add additional lines if necessary - Onset to Death IMMEDIATE CAUSE ---------_____> a. L_.vn1 CUE,~"r1~~C. l-i-~..{j-,~-~- ~•p` ~ u~~ , (Final disease or condition Duet W.L' L-. fi~.S• resulting in death) (or as a consequence of). b. C- r-> tz~Y~l ~' -' y /~"fL-TM.Lnc~-j ~ L S' ~~'~,f '~ Sequentially list conditions, ~ ~, 'f..~•~L~ if any, leading to the cause Duet (o as a consequence of). listed on line a. Enter the c- UNDERLYING CAUSE (disease or injury that Due to (or as a consequence of): ~- initiated the events resulting d, in death) LAST. ~_ Due to (or as a consequence of): c~J_ 26. Part 11. Enter other significant conditions contributive to death but not resulting in the underlying cause given in Part I 0 27. Was an autopsy performed? m ~ Yes [~--~- 28. Were autopsy findings available a ~" to complete the cause death? Q1 29. If Female: 30. Did Tobacco Use Contribute to Death? ~ Yes ~o E [~--Aftst pregnant within past year 31. Manner of Death u° ~ Pregnant at time of death ~ Yes 0 Probably atural ~ Homicide m ~ Not pregnant, but ~~ Q Unknown Accident o pregnant within 42 days of death ~ ~ Pending Investigation f- ~ Not pregnant, but pregnant 43 days to 1 year before death Q Suicide ~ Could not be determined Unknown if 32. Date of Injury (MO/Day/Yr) (Spell Month (] pregnant within the past year ) 33. Time of Injury 34. Place of Injury (e.g. home; construction site; farm; school) 35. Location of Injury (Street and Number, Gity, State, Zip Code) 36. Injury at Work 37. If Transportation Injury, Specify: 38. Describe How Injury Occurred: (~ 0 Yes ~ Driver/Operator [] Pedestrian ~ No 0 Passenger ~ Other (Specify) ~`~/Y.~ 39a. Certifier (Check only one): V ~ -B C-e rtifying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated ,-j ~ Pronouncing 8~ Certifying physician - To the best of my knowledge, death occurred at the time, date, and place, and due to the cause(s) and manner stated C.J ~ Medical Examiner/Coror~gr - On he ba of aminatio n, and/or investi ation, in m o C g y pinion, death occurred at the time, date, and place, and due to the cause(s) and manner stated r Signature of certifier: ~~ ~ a- Title of certifier: License Number: /"~~ -C `I 396. Name, Address and Zip Code of Person Completing Cause of Death (Item 26) ~~ `, ~ ~ _~ ~~~"~ ~~ s• K~~F1--P1/1 ~MJL VN,b 1 ~'Ll s~i~ /~A,JV ~~~'Q l~C~-~C 39c. Date Signed (Mo/Day/Vr) W 40. Registrar' rict Numher iD - 41. Registrar's ature v /,_ ~~~' 42. Registrar File Date (Mo/Day/Yr ~ 43. Amendments /.Z /~~~-/ L~~ ~~ o !'--T z Disposition Permit No. d~/~J ~ ~~- HSOS-143 - o~~i n-, i-,... :~:~ LAST WILL AND TESTAME T `~~ ~:__ ~~ g ~ - ,~-_~_ ~. W. F° ~ ,.,. '€ i ~:~' r": ~ :.I ~ - _. ._ ,.. A. MAR IAN STRAW ~~ ... ~~ c. ~~ , `- ~. ~r~ ~_~.~ I, A. Marian Straw, having my legal residence at 14 Drexel Hill Circle, New Cumberland, Cumberland County, Commonwealth of Pennsylvania, do hereby declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. SECTION l: MY BENEFICIARIES 1.01 I am married to Lewis A. Straw. All references in this Will, or any trust document created therein, to "my spouse" or "my husband" are to him. 1.02 In addition to my spouse and any residual charities, my intended beneficiaries are my grandson, Lewis Dopp, and his daughter, Savannah Marie Dopp (DOB 7/21/2007). 1.03 I have specifically and deliberately excluded any of my children or other descendants. SECTION 2: PAYMENT OF EXPENSES AND OTHER CHARGES 2.01 I direct my Executor to pay the expenses of my last illness, funeral and burial (including the cost of a monument or marker over my grave) from my estate as soon as practicable after my death. 2.02 I further direct that all of my legally enforceable debts and any costs associated with the administration of my estate be paid from my estate when my Dethlefs - Pykosh Law Group, LLC 132 Market Street Camp Hill, PA 17011 (717) 975-9446 Executor, in his sole discretion, determines appropriate. 2.03 The timing and amount deemed appropriate by my Executor shall not be predicated upon the necessity of obtaining the approval of any court having jurisdiction over the administration of my estate and without regard to any statutory limitation. SECTION 3: PAYMENT OF TAXES 3.01 All federal, state and other death taxes, including any generation skipping tax, payable on the property forming my gross estate for those purposes, shall be paid out of the principal of my probate estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. 3.02 This article shall apply to any asset, whether or not it passes under this Will, or whether it passes by reason of joint ownership thereof, such as certificates of deposit, savings bonds, etc. SECTION 4: TANGIBLE PERSONAL PROPERTY 4.01 I give all personal property owned by me at my death, and all insurance policies on such property, to those individuals, who survive me by thirty (30) days, who are designated on a list or memorandum signed by me which refers to this Will, or is found with a copy thereof, the items listed beside their names. If no such list is found within thirty (30) days of my death, it shall be presumed that no such list exists. These instructions are to guide my Executor, and it is my hope and expectation that such instructions are carried out, without intending to impose any trust or legal obligation. 4.02 The balance (including any item under subparagraph (1) above, the bequest of which has lapsed) to my husband, Lewis A. Straw, if he survives me. 4.03 If my husband fails to survive me by thirty (30) days, then I give the balance of my tangible personal property to Lewis Dopp. 4.04 Any disputes concerning the allocation of my tangible personal property shall be resolved by my Executor in my Executor's sole discretion. This Page 2 of 16 shall include conferring on my Executor the power to sell any property and adding the proceeds to my estate. SECTION 5: SPECIAL PROVISIONS FOR REAL ESTATE INTERESTS 5.01 I hereby give any real estate interest that I possess at the time of my death to my beloved husband, Lewis A. Straw, or his estate. 5.02 This may include, but not be limited to, interests in the following properties: (a) 1216 Bailey Street, Harrisburg, Pennsylvania; (b) 21 Balm Street, Harrisburg, Pennsylvania; (c) 617 Peffer Street, Harrisburg, Pennsylvania; (d) 14 Drexel Hill Circle, New Cumberland, Pennsylvania; and (e) 2308 Ritner Highway, Carlisle, Pennsylvania. SECTION 6: SPECIAL PROVISIONS FOR BUSINESS INTERESTS 6.01 I hereby give any business ownership interest that I possess at the time of my death to my beloved husband, Lewis A. Straw, or his estate. 6.02 My business interests may include, but not be limited to, interests in the following: (a) ACME Movers, Inc., (b) ACME Northside Hangars, and (c) M & S Coal. 6.03 I give my Fiduciaries the power, exercisable in the discretion of my Fiduciaries and without court order, to retain any business interest, including shares of stock or other interest in or indebtedness of any of the businesses enumerated in Section 12.02 of this Will, or any other corporation or any successor entity corporations, as shareholder, security holder, creditor, partner, member or otherwise, for any period of time whatsoever, even though it may constitute all or a large portion of my estate. 6.04 I further give my Fiduciaries the power to continue or carry on any Page 3 of 1.6 said business; to take any action with respect to its management as freely as I could have done during my lifetime, and, if the business is so continued, my Fiduciaries shall incur no liability for any loss to my estate or trust arising therefrom. 6.05 My Fiduciaries shall have the authority to comply with the provisions of any agreement restricting transfer of the interest including the voting of stock (by separate trust or otherwise regardless of whether that separate trust will extend for a term within or beyond the date of final distribution of my estate) and the determination of all questions of policy; to execute and amend business agreements; to participate in any incorporation, reorganization, merger, consolidation, sale of assets, recapitalization, liquidation, or dissolution of the business, or any change in its nature, or in any buy-sell, stock restriction, or stock redemption agreements; to deal with and act for the business in any capacity, including any banking or trust capacity and the loaning of money to the business out of estate or trust funds; to rely upon reports of certified public accountants as to the operations and financial condition of the business, without independent investigation; to elect and/or beneficially employ and compensate, as directors, off"icers, employees, counsels or agents of such business any person, including any one or more of my individual Fiduciaries (notwithstanding that they are Fiduciaries under my Will) or any agent of a Fiduciary. 6.06 The provisions of this Section pertain to a corporation which may be treated as an S Corporation for federal income tax purposes. 6.07 It is my desire that any corporation which would otherwise qualify as an S Corporation not be prevented from doing so because some or all of its stock passes to or is held by a trust created under the provisions of this Will. Therefore, if my husband predeceases me and my Fiduciaries deem it appropriate, I authorize my Fiduciaries to separate the assets of said corporation from the other assets comprising my estate. I further authorize my Fiduciaries to allocate the shares of stock of the corporation to the "STRAW FAMILY TRUST", but divide the Family Trust into two trusts for the benefit of Lewis Dopp and Savannah Marie Dopp. One trust would exclusively hold shares of stock of the corporation under terms as Yage ~~ of 1.6 nearly identical to the original "STRAW FAMILY TRUST" while still permitting it to be a Qualified Subchapter S Trust. The second trust would hold the remaining assets under terms identical to the "STRAW FAMILY TRUST" established in the Last Will and Testament of my husband, Lewis A. Straw. SECTION 7: RESIDUARY ESTATE My residuary estate shall consist of (a) all property or interests therein not otherwise effectively disposed of in this Will, of whatever kind, nature or description, and wherever located, including any property to which I shall be in any way entitled at the time of my death, any and all property over which I may have a power of appointment and any insurance proceeds which may be payable to my estate, less (b) all valid claims asserted against my estate and all expenses incurred in administering my estate, including expenses of administering nonprobate assets. SECTION 8: DISPOSITION OF RESIDUARY ESTATE 8.01 If my beloved husband, Lewis A. Straw, survives me by thirty (30) days, I give the rest, residue, and remainder of my estate to my husband. 8.02 If my husband predeceases me or fails to survive me by thirty (30) days, then I give the rest, residue, and remainder of my estate to the "STRAW FAMILY TRUST" established in the Last Will and Testament of my husband, Lewis A. Straw. 8.03 To be clear, I share my husband's intent for establishing the "STRAW FAMILY TRUST." If my husband predeceases me, then I want my estate to serve two primary objectives. First, I want to conservatively provide for the lifetime maintenance, support, health, and educational needs of Lewis Dopp. I also want to provide for the educational needs (post-secondary) of Savannah Marie Dopp. 8.04 I also confirm that I share my husband's desire that once the "Straw Family Trust" is terminated, the remainder shall be given to charities as outlined in the Provisions for Ultimate Distribution contained in the Last Will and Testament of my husband, Lewis A. Straw. Page 5 of 1.6 SECTION 9: APPOINTMENT OF FIDUCIARIES 9.01 For purposes hereof, the term "Fiduciary" and/or "Fiduciaries," however expressed, shall refer to my Executor(s) and/or my Trustee(s) who may be serving at any time. Where powers or discretions are conferred upon the fiduciaries, such powers or discretions shall be exercised by the Executor(s) as such, or the Trustee(s) as such, as the case may be, in those respective capacities. 9.02 Appointment of Executor I designate and appoint BRYAN SHOOK to serve as my Executor. 9.03 Appointment of Trustee I also designate and appoint BRYAN SHOOK to serve as the Trustee of any trust created or at any time existing hereunder. 9.04 Wainer of Potential Conflict of Interest In making my designation of BRYAN SHOOK as both the Executor and Trustee, I recognize that he may be placed in a position of potential conflict with other fiducial responsibilities and representations arising out of those positions and/or interest in assets in which I may possess. I have deliberately selected BRYAN SHOOK with the said potential for apparent conflict in mind, and with full faith and confidence in him because of his familiarity with my financial affairs and my family, and because of the confidence in him I have developed during the many years in which he has represented me. I hereby direct that BRYAN SHOOK, while acting as Executor and Trustee in good faith and exercising due care, shall be exonerated from any personal liability arising out of any decision which he may make or act which he may take in furtherance of the positions to which I have appointed him. A. Marian Straw SECTION 10: POWERS OF EXECUTOR 10.01 My Executor shall serve without bond. 10.02 My Executor shall have all powers and discretions conferred by Page ~ of 16 Pennsylvania law, and all powers and discretions with respect to my estate that are set forth or referred to hereunder or in other Sections of this Will, to be exercised without court order. 10.03 My Executor is authorized to execute on my behalf or on behalf of my estate any tax return which may be filed. 10.04 My Executor shall have, in addition to any other power, the specific powers to invest, reinvest, sell, mortgage or otherwise dispose of any part or all of my estate, without the necessity of obtaining prior or subsequent court approval. 10.05 Distributions may be made in cash or in kind in the discretion of my Executor. 10.06 No Executor shall be personally liable to any beneficiary or other party interested in my estate or to any third parties, for any claim against my estate for the diminution in value of estate property resulting from matters involving hazardous substances, including any reporting of or response to (i) the contamination of estate property by hazardous substances, or (ii) violations of any environmental laws related to my estate; provided that my Executor shall not be excused from liability for his own negligence or wrongful or willful acts. 10.07 To the maximum extent permitted by law, my Executor may withhold a distribution to a beneficiary hereunder until receiving from the beneficiary an indemnif"ication agreement in which the beneficiary agrees to indemnify the Executor against claims filed against the Executor as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as from time to time amended, or any regulation thereunder, or any other environmental law. SECTION 11: POWERS AND AUTHORITIES OF TRUSTEE; ADMINISTRATION OF TRUSTS 11.01 In addition to, and not in limitation of, all powers, authorities, and discretions granted to any Trustee by statute, common law, under any rule of court, or conferred in other Sections of this Will, I hereby expressly confer upon my Page 7 of 16 Trustee the following powers, which may be exercised in my Trustee's sole and absolute discretion without application to, approval of or ratification by any court: (a) to invest and reinvest in any kind of property, real or personal, and including common and preferred stocks, zero coupon bonds, voting trust certificates, securities, interests, and obligations in or of corporations, governmental bodies or agencies, unincorporated associations, partnerships (general or limited), limited liability companies, joint ventures, tenancies in common, trusts, investment companies, investment trusts, common trust funds, or in any other kind of property, domestic or foreign, wasting or nonwasting, productive or nonproductive, regardless of the fact that any or all of the investments made or retained are of a character or size which would not be permissible under any statute or rule of court or otherwise deemed advisable for investments by fiduciaries; (b) to retain, invest in, sell, mortgage, lease, exchange, manage, subdivide, develop, build, alter, repair, improve, raze, abandon or otherwise deal with or dispose of any property, regardless of its nature, the lack of diversification of any trust, or the fact that any arrangement with respect to such property extends beyond the duration of any trust; (c) to vote in person at stock or security holders' meetings, partners' or members' meetings, or at any adjournment of such meetings; to vote by general or limited proxy, with or without power of substitution, with respect to any such shares of stock or other securities; or to execute proxies to one or more nominees; (d) to value and appraise the assets comprising the trust estate and make any allocations, divisions or distributions required or permitted by this Will in kind or in money, or partly in kind and partly in money, in different assets or disproportionate interests in assets, and to that end to allot to any part or share such assets, real or personal, or portions thereof or undivided interests therein, as the Trustees may select. Except as otherwise herein specifically provided, the judgment and any determination of my Trustee in connection with, including any decisions to make anon-pro rata distributions and any decisions regarding the values assigned to various assets, shall be binding and conclusive on all parties Page 8 of if interested therein; (e) to retain, for any period, all property initially received by my Trustee as a part of any trust created under my Will, including any assets with respect to which my Trustee is given the power to invest and reinvest, regardless of whether such property or asset constitutes a large part or all of any trust or are not of the character, size, or income yield permissible or otherwise deemed advisable for investments by fiduciaries, as the fiduciaries may determine, without any liability or loss; (f) to borrow money in such amounts and upon such terms and from such persons or corporations as my Trustee shall deem prudent, and for the repayment of any monies so borrowed, to bind the trust estate by the execution and delivery of such obligations and such other evidences of indebtedness and by the imposition of such liens upon the real and personal property of the trust estate or any part thereof as my Trustee may deem advisable; (g) to pay, compromise, adjust, abandon, submit to arbitration, renew, settle, sue on, defend, sell, release and otherwise deal with any claims or demands of any trust against others or of others against my estate or such trust as my Trustee may determine, including the acceptance of deeds of real property in satisfaction of bonds, mortgages and security interests, and to make any payments, in connection with the exercise of this power which my Trustee may determine, out of any trust created under my Will; (h) to make, execute, acknowledge and deliver all such deeds, assignments, transfers, mortgages, pledges, leases, covenants, contracts options, promissory notes, guarantees, bills of sale, powers of attorney, releases and other instruments and documents, sealed or unsealed, of whatsoever character, and to do or cause to be done all such other matters or things as my Trustee may deem necessary or proper to effect or exercise any power or authority given to or vested in my Trustee herein or by law; (i) to deal with matters involving the actual or threatened contamination of trust property (including interests in sole proprietorships, Page 9 of 16 partnerships or corporations and any assets owned by such business entities) by hazardous substances, or involving compliance with environmental laws. In particular, my Trustee is empowered: (1) to inspect and monitor any such property periodically, as it deems necessary, to determine compliance with any environmental law affecting such property, with all expenses of such inspection and monitoring to be paid from the income or principal of the trust; (2) to respond (or take any other action necessary to prevent, abate or "clean up") as it shall deem necessary, prior to or after the initiation of enforcement action by any governmental body, to any actual or threatened violation of any environmental law affecting any of such property, the cost of which shall be payable from trust assets; (3) to refuse to accept property as a trust asset if it determines that such property is contaminated by any hazardous substance or that such property is being used or has been used for any activities directly or indirectly involving hazardous substances which could result in liability to the trust or otherwise impair the value of trust assets; (4) to settle or compromise at any time any claim against this trust related to any such matter asserted by any governmental body or private party; (5) to disclaim any power which it determines may cause it to incur personal liability as a result of such matters, whether such power is set forth in this document, incorporated by reference herein, or granted or implied by any statute or rule of law; and (6) to decline to serve as trustee or, having undertaken to serve, resign at any time it believes there is or may be a conflict between it in its fiduciary capacity and in its individual capacity because of potential claims or liabilities which might be asserted against this trust because of the type or condition of trust assets. When used in this document the term "hazardous substance(s)" shall mean any substance defined as hazardous or toxic or otherwise regulated by any federal, Page 1.0 of l.f state or local law(s), rule(s) or regulation(s) relating to the protection of the environment or human health ("environmental law(s)"); (7) to receive any property, real or personal, to be added to the trust from my spouse in any event (and if the trustee consents in writing, from any other person) by lifetime or testamentary transfer or otherwise; provided, however, that the trustee may require, as a prerequisite to accepting property, that the donating party provide evidence satisfactory to my Trustee that (i) the property is not contaminated by any hazardous or toxic materials or substances; and (ii) the property is not being used and has never been used for any activities directly or indirectly involving the generation, use, treatment, storage, disposal, release, or discharge of any hazardous or toxic materials or substances; 11.02 My Trustee shall not be personally liable to any beneficiary or other party interested in the trust, or to any third parties, for any claim against the trust for the diminution in value of trust property resulting from matters involving hazardous substances, including any reporting of or response to (1) the contamination of trust property by hazardous substances, or (2) violations of any environmental laws related to the trust; provided that my Trustee shall not be excused from liability for its own negligence or wrongful or willful acts. 11.03 Notwithstanding any contrary provision of this instrument, my Trustee may withhold a distribution to a beneficiary from a trust hereunder until receiving from the beneficiary an indemnification agreement in which the beneficiary agrees to indemnify the trustee against any claims filed against the trustee as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as from time to time amended, or any regulation thereunder, or any other environmental law. 11.04 My Trustee shall be excused from filing any account with any court. All decisions made in good faith and with reasonable diligence by my Trustee shall be conclusive and binding on all persons having or acquiring any interests in any trust under this Will. 11.05 My Trustee shall at all times serve as such without bond. Page 11 of 16 11.06 My Trustee, while acting in good faith and exercising due care, shall not be liable or held responsible for any loss or depreciation in the value of any trust, created herein, resulting from any of the investments or reinvestments made or retained as aforesaid. 11.07 The named Trustees are hereby authorized to name and appoint such successor Trustee or Trustees, Co-Trustee or Co-Trustees as they may deem advisable, the said appointment to be made by an instrument in writing duly signed and executed by the Trustees, and delivered to the new Trustee or Trustees. Thereupon, such new Trustee or Trustees shall be vested with all powers and duties granted to and imposed upon the Trustees, hereinafter named, including the power of appointing a successor or Co-Trustee. The successor or Co-Trustee herein referred to may be either an individual or a corporation. 11.08 Any removal and appointment made pursuant to this Section shall be in writing and shall be effective when an executed copy thereof is delivered to the corporate Trustee then acting as such, together with a written acceptance of the trust by the newly-appointed Trustee. 11.09 Any Trustee may resign at any time by sending notice by registered mail to the remaining Trustee(s), if any, and to the adult beneficiaries, if any, and to the guardian of any minor beneficiaries, if any. After thirty (30) days from the date of such mailing, such resignation shall become effective, and thereafter the Trustee so resigning shall be discharged from any further duties hereunder, such right of resignation to be a continuing one. Such right shall be conditioned on the availability of a successor Trustee. 11.10 If at any time the office of Trustee of any trust hereunder should become vacant, a majority of the beneficiaries of such trust to whom income or principal is then required or permitted to be distributed and who are then sui juris shall have the right to appoint an individual or a bank or trust company to serve as successor Trustee of such trust. 11.11 A Trustee by instrument in writing may delegate to a Co-Trustee for a specified period of time any of such Trustee's power and authorities; provided, Page ].2 of 16 however, that the powers and authorities vested exclusively in a disinterested Trustee shall not be delegated to a Trustee who is not disinterested. Upon termination of any such delegation, the delegating Trustee may accept, without audit, the books and records of a Co-Trustee to whom such powers and authorities have been delegated and shall be free from liability for any and all acts or omissions of such Co-Trustee during the period of such delegation. 11.12 Substitute or Successor Trustees hereunder shall have all the rights, powers, discretion, duties, and responsibilities, as well as the limitations thereof, granted to or imposed upon my Trustee herein named. Such Trustee shall not be liable for the acts of their predecessors if, by the exercise of reasonable diligence, they do not discover such acts upon becoming acting Trustees. 11.13 No trust created hereunder shall be administered under the direction or jurisdiction of any court. 11.14 The property and assets of all trusts created hereunder shall be held in the sole custody and possession of the Trustee. 11.15 Anything to the contrary notwithstanding, the Trustees may designate such person or persons who may withdraw funds from any checking, savings or other similar account, maintained for any trust created in this Will, and in such case only one (1) Trustee need be the signatory for the withdrawal of funds from such account, or for such deed, instrument or document. 11.16 The Trustee may change the situs of any trust created hereunder (and to the extent necessary or appropriate, move the trust assets) to a state or country other than the one in which the trust is administered, if the Trustee believes it to be in the best interests of the trust or of the beneficiaries. The Trustee may elect that the law of such other jurisdiction shall govern the trust to the extent necessary or appropriate under the circumstances. 11.17 Each person who serves as a Trustee shall be entitled to receive reasonable compensation for services rendered and reimbursement for reasonable expenses. In the case of a corporate Trustee, reasonable compensation is based upon its published fee schedule in effect at the time its services are rendered or as Page 13 of 1.6 otherwise agreed, and its compensation may vary from time to time based upon that schedule. 11.18 My Trustee shall have the power to merge any trust which I seek to establish in this Will with another trust which already exists and has similar beneficiaries, terms, conditions and purposes. This especially applies to any trust(s) that were created in my husband's Will. SECTION 12: MISCELLANEOUS PROVISIONS 12.01 Fiduciary Provisions No Fiduciary named in this will shall be required to give bond or other security in any jurisdiction in which he or his successor shall act in connection with my estate. Nor shall any guardian or property or persons be required to give bond for the faithful performance of their duties in any jurisdiction. Te terms "Executor" and "Personal Representative" are to be used interchangeably. 12.02 Specific Items of Property Gifts of specific items of property mentioned in this will or any separate writing that is binding upon my Executor shall fail to the extent that I, or any duly authorized agent of mine, dispose of such property prior to my death. My Executrix shall not substitute cash or any other assets for any such property. 12.03 Matters of Interpretation For simplicity, I may have expressed pronouns and other terms in one number and gender, but where appropriate to the context, these terms shall be deemed to include the other number or gender. 12.04 Paragraph Construction Paragraph headings in this Will are for reference only and shall not affect the meaning, construction or effect of this Will. 12.05 Survivorship If my husband and I die in a common disaster, and the order of our deaths is not clear, it shall be presumed that my husband survived me. Page 14 of ~6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this G ~'`' day of April, 2010. - ~i~ ~ ~....~ (SEAL) A. Marian Straw SIGNED, sealed, published and declared by A. Marian Straw, the above Testator, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. Witness Residence: ~" 1~1,C~~~ ~ ~ ~ / ~ ~ a 3 • , Residence: Svc ~ ~ ~-- 1 Witness Fage ~~ of is COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, the undersigned, whose names are signed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby declare to undersigned authority that we were present and saw the Testator sign and execute the instrument as her will, and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and that to the best of their knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence; and I, the said Testator, 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. A. Marian Straw Residence: _~ i ~ ~ „~, l ~~ ~ ;~- Witness ~ ~ ~, r ~~ Residence: l ~ Witness Subscribed, sworn to~ d acknowledged before me by the above-named witnesses, this -~c~ day of April, 2010. COMMONWEALTH OF PENNSYLVANIA f Notarial Seal Michael ~• Wkosh, Notary Pubilc otar Public Camp Hill Bono, Cumbefiand COUnty MY Cornmission Expires March 27, 201'{ Member, Pennsylvania Assaciatlon ~ Notaries Yage 16 of 1.6