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Home My WebLink About01-18-13 R 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 7 Name: Klare S. Sunderland File No: 1 I, / a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: 579-46-5376 Date of Death: January 6, 2013 Age at death: 78 Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last principal residence at 1924 Market Street, Camp Hill, PA 17011 Borough of Camp Hill Cumberland Co. Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 1924 Market Street, Camp Hill, PA 17011 Borough of Camp Hill Cumberland Co. 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 $ 2,000,000.00 If not domiciled in Pennsylvania Personal property in Pennsylvania $ If not domiciled in Pennsylvania Personal property in County $ Value of real estate in Pennsylvania $ _1,400 000.00 TOTAL ESTIMATED VALUE.... $ 3.400.000.00 Real estate in Pennsylvania situated at: See Attached Sheet (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 March 5, 2007 and Codicil(s) thereto dated August 3, 2007 and April 5, 2011 State relevant circumstances (eq. 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. 0 NO EXCEPTIONS 0 EXCEPTIONS Divorce Decree dated 11/15/2012 - Cumberland Co., PA - Docket No. 11-3228 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 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. C) NO EXCEPTIONS EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (ifapy) and heirs (attach additional sheets, if necessary): C M Name Relationship AQIIr~ ~ 73 rl t--a ;j e w Form RW-02 rev. 10/11/2011 Page I of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Dauphin } Petitioner(s) Printed Name Petitioner(s) Printed Address Daniel K. Sunderland 1 Truffle Glen Road Mechanicsburg, PA 17050-1532 Jack F. Hurley, Jr., Es, ' e 1 South Market Square, 12th Floor, PO Box 1146, Harrisburg, PA 17108-1146 The Petitioner(s) above-named swear(s) or affirm(s) the state in the regoing Petitio e e and co the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of th eceden tioner(s ell and administer the estate according to law. Sworn to or affirmed and subscribed before Date me this /o":1-4 day of Date By: Date Fhe Register _oe y~l. u - uj Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters $ Attorney Signature: ( ) Short Certificate(s)...... I CC C C ( ) Renunciation(s)........ . ( ) Codicil(s) ( ) Affidavit(s)........... . Bond Printed Name: Stanley A. Smith Commission Supreme Court th r ID Number: 33782 X r tY .4.1 . Firm Name: Rhoads & Sinon LLP 1 Address: One S. Market Street, 12th Floor • • P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: 717-233-5731 Automation Fee Fax: 717-238-3651 JCS Fee . Email: samith rhonrla-cinnn.cn 1 TOTAL $ % Cv X$BD DECREE OF THE REGISTER Estate of Klare S. Sunderland File No: a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof having been' e ed before , IT IS DECREED that Letters Testamentary a hereby granted to Daniel K. Sunderland and Jack F. Hurley, Jr., Esquire in the above estate and (if applicable) that the instrument(s) dated March 5, 2007 and Codicils dated August 3, 2007 and April 5, 2011 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Register of Will ? f' ~..i l'~ 3 L J Form RW-02 rev. /0/11/20/1 page 2 of 2 ESTATE OF KLARE S. SUNDERLAND SSN: 579-46-5376 NO. REAL ESTATE IN PENNSYLVANIA: 1) 7 Deerburn Court, Mechanicsburg, PA 17050 $1,375,000.00 Township of Silver Springs, Cumberland County, PA 2) 25 Acres - Forest Land $25,000.00 Township of Oliver, Mifflin County, PA Value of Real Estate as indicated on Page 1 of the Petition: $1,400,000.00 873032.1 rI iii S. i{(1$ )Z {'.v 1)/l li LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. REG0'_ ED F 10E OF ate. i v 1 Y4 'rL Fee for this certificate, $6.00 Q Thk is to certif that the information here g1~en is lih OF pf` 1 l 8 clcctl} copied from an original Certificate. of Death Ilt J 11 y v 1 le dui}' filed -with me as Local Registrar. The on(nal ccjtit7cate will be forwarded to the State Vital i CL tK 4=; Rccords Office for permanent filing. P 191791BERLAr~G.,1AT? Certification Number \MF~T (11„lh, Local Registrar Date Issued ~e/Print In COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS mk Mkt CERTIFICATE OF DEATH State File Number. 1. Decedent's Legal Name (FIlst. Middle, Las[, Sufllx) Z. Sex 3. Social Security Number 4. Date ol0eath (MO/Day/Yrl (Spell Mo) Klare S. Sunderland hale 579-46-5376 January 6, 2013 51. Age Cast Birthday (Yrs) 51, . Old,,1 year 5, . Under 1 Da 6. Date of Birth (MO/Oay/Yea(Spell Month) II @E,%; iry and Sla Foreign Country) 78 Months Days Hours Minutes e~'Y~ August 14, 1934 7b. Birth lace Count ga. Residence (State or Foreign Country) eb. Residence (Street and Number Include Apt N°.1 ec. Did Decedent live In a Township? y) Mifflin 1924 Market Street ❑Yes, decedent Wedi Ed Residence lEPpnryl twp. Cumberland Be. Residence (Zip Code) o, decedent lived within limits of CaW Hill city/boro. 9❑Yes . Ever in US Armed Forces? 30. Marital Status at Time of Death O Married 0 Widowed 11. Surviving Spouse's Name (I/wife, give name prior to first marrlagel OCN.'p OUnkno )JR Di-red ❑he-Married OUnknow 12. Father's Name (First, Middle, Last, Suffix) r 13. Mother's Name Prior tp First Marriage (Firs[, Middle, Lasd Steward Sunderland Sara Alice Moore 34a Informs N 146. Relationship to Decedem 14c Informant's Mailing Address IS[ ees and Numh~~' CI[y, Sta[ Zip Code) DanieTIPTAre Sunderland son 6677 Carlisle Pike, Mecnanics~urg, PA 17050 0 G ............_o"'1'n'oP'1e.d Deat...h._'~e....H........i........... a/Death Occurred lna Hospital: ~lnpa[lent jll eat ccurre So mew e t re D„ er .Y.Th an a oiPi[a: Ho Ice It ip dY Decedent's Hame 2 ❑Emergency ROOm/Outpatient ODead on Arrival ONUrsing Home/Long-Term Care Faclliry OOther(Speciry) 156. Faclliry Name (If not institution, give street and number,' ISC. Clry or Town, State, a no Zip Code 15d. Count (Death 1924 Market Street Camp Hill, PA 17011 Cumberland 16a. Method of Disposl[ipn Burial O Cremation 16b. Date of Disposition 16c. Place of Oisw,bon (Name of cemetery, crematory, or other place) ❑ Removal from State ❑ Donation ❑Omerlspecifv) Jan.14, 2013 Mattawan Cemetery Z 16d. Location PF Disposition (City or Town, State, and Zip) 1)a. Signature of Funeral Service Lkensee or Person in Charge of Interment 12b. License Number McVeytown, PA FD 011667 L If 171. NameandCOmplete Address of Funeral Facility Mal zzi Funeral Home 8 Market Plaza W Lhh 1g. Decedent's Education -Check the box that best describes me 39. Decedent of Hispanic Origin Check the 20. Decedent's Race -Check ONE OR MORE races to indicate what ° highest degree or level of school completed at the time of death. box that best describes wnether the decedent the decedent considered himself of herself to be. ❑ BM grade or less is Spanish/Hispanic/lalino. Check the "No" White ❑ No diploma, 9In - 121h grade box i/ Decedent Is not Spanish/His ❑ Korean ❑ High school graduate or GED completed panic/Casino. O Black or Africa, American O Vietnamese No, not Spanish/Hispanic/Latino American Indian or Alaska Native ❑ Other gsian ❑ Some college credit, but no degree ❑ Yes, Mexican, Mexican American, Chicano O Asian Indian ❑ Native Hawaiian O Associate degree (e.g. AA, AS) O Yes, Puerto Rican Bachelor's ❑me Guamanan or Chain-, PQ degree (eg. BA, AB, BSI O Yes, Cuban O f0Filipinino ❑ Samoan ❑ Master, degree (e.g. MA, MS, MEng, MEd, MSW. MBA) O Yes, other 5panish/Hi1pa1ic/Latino ❑ Japanese ❑ Other Pacific Islander O Doctorate (I g. PhD, EdD) or Professional degree (Spec,N) O Other ?Specify) e.. M0, DOS, DIM, LLB, ID 21 Decedent's Single Race Self-Designation -Check ONLY ONE to intlicate what the decetlens considered himself or herself to be 22 a. Decedent's Usual Occupatlpn Indicate t O Samoan E R of work 12 White ❑ IaPanese one during no ost o f workingIlfe DONOTUSE ❑ Black or African American O Korean d. ETI0.ED. F] American Indian or Alaska Native O Vietnamese ❑ Other Pacific lsland President/owner Asian Indian ❑ Don's Know/Not Sure e ❑ ❑ Other Asian ❑ Refused 221, Kind of Business/Industry ❑ Chinese O Native Hawaiian ❑ other (spealY) auto dealerships O Filipino ❑ Guamanian or Chamo,ro ;7 ITEMS 23a - 23d MUST BE COMP IETFD 23a to Pronounced Dead IMO Da Nr) 13b. Signature of Person Pronouncing Death (Only when applicable 23c. License Number BY PE0.50N WHO PRONOUNCES Oq ys / / CERTIFIES DEATH 1 'til EF /1)377 -1 C Date Signed (MO_ /DaY/Yr ^ 3d. 1 e ql Death . a1[,,4v,g(.. .1 -.FC.~'~L• ~~J 4~ CI /il~sT/ - / /'r ZS. Was Met- Eaammer or Coroner Contactetl7 ❑ Yes CAUSE OF DEATH 26. Part I. Enter the chain of events--diseases, Injuries, or complications- that I—dy caused the death. DO NOT enter terminal events such as cardiac arrest Apln:,,,,l~te respiratory arrest, or ventricular fibrillation, Ith.ur showing the etiology. 00 NOT ABBREVIATE. Enter only one cause on a line. Add additional lines if necessary z Onset to Death IMMEDIATE CAUSE a. ~/e-PSi~ (Final disease or condon Due to for as a consequence ol): resulting m death) b. C 0 brC~}[ yLLS cC..l.~c t.. A,- o.( Sequentially list conditions. Due to (or as a consequence od: if any, leading to the cause listed on line a. Enter the UNDEBUYING CAUSE Due to (01 as a consequence of): (disease or Injury that aced the events resulting d, in death) (AST. Due to (Pr as a consequence of): S 16. Partu. Enter other mfg 'Bcant condit'on contributing [ death but not resulting m the underlying cause given m Pan l 2T. Was an auto psY Performetl? E ❑Yes $ No ZB. Were autopsy finch", available to complete the ,use If death? v 29. If Female: 30. Oitl Tobacco U Co ribpte Death? ❑ Yes El No E ❑ Not pregnant within past 31 M ner pl Death Homicide year ❑ Yes ❑ bably Natural 3 O O Pregnant at time of death ❑ No a Unknown I ❑ Net pregnant, but pregnant within 42 days O Accident O Pending Investigation of death ❑ Suicide O Could not be determined ❑ No pregnant, but PfI T:n1 A, days to 1 year before death 31. Date of Injury (MO/Day/Yr) (Spell Month) O Unknown if pregnant within the past year 33. Time pF Injury 34. Place of Injury Ie.g. home; construction site; farm; school) 35. location of Injury (Street and Number, Clty, State, Zip Co.,, 36. Injury at Work 37. If Trareportation Injury, Spec" 3B. Desrnbe How Injury Occurred: ❑ Yes O Driver/Operator O pedestrian O No ❑ Passenger O Other(Specify) 39a C$$ssufler (Check only one): Q'Certllying physician To the best of my knowledge, death occurred due to the cause(s) and manner stated ❑ Pronouncing & Certifying physician To the best of my knowledge, death occurred at the time, date, and place, and due to the causelsl and manner stated O Mednal Examiner/COr-rr-On the basis o/ff anon, and/or m,esnS.brn, in my opinion, death occurred at the time, date, and place, and due to the cause(s) rind manner stated Signature of lerdgerc-....-/{r~'lA. k~ u,(, nueofcertifiel 1P p License Number. SQ0 au'/6f 39b Name, gddress and 21p Cook of Person Compleung Cause of Death (Item 26) 39c. Dale Ignetl 1 o/Da ~tUOS?e~hn0lu c~ ~rt l~Cjc, skkk 5sv M(C- u l(,,u, (At-j o Ynn 00. Registrar's District Number 41. Reg (gnat a 42. Regis rar File able (M,/Day r) 43. Amendments - ^ - - H1D5-1d3 LAST WILL AND TESTAMENT OF KLARE S. SUNDERLAND I, KLARE S. SUNDERLAND, of Silver Spring Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to LEA R. SUNDERLAND (hereinafter referred to as "My Spouse") and there are no children born of our marriage. My children by prior marriage are Debra K. Ritchey, Donna K. Sunderland-Benson and Daniel K. Sunderland. As used herein the term "my children" shall refer to my aforelisted children. 1. TANGIBLE PERSONALTY. (a) I give and bequeath all of my household furniture and furnishings, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections and artworks (but excluding firearms and Sunderland family pictures and mementos), together with all policies of insurance thereon, which articles are at my death located in or about my residence at 7 Deerburn Court, Mechanicsburg, Pennsylvania, or in or about my residence in New Jersey, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give such articles to my children living at my death in as nearly equal shares as they shall select under the supervision of my Executor it being my request that my children be guided by any requests which I may express in any memorandum left with this Will. (b) I give and bequeath my firearms and the Sunderland family pictures and mementos wheresoever situate to my children living at my death:in as nearl equal ilres C= CD C-> as they shall select under the supervision of my Executor. C_ J ~l: C ? aLL 70 CO Page 1 of 9 Pages f C71 a J } cr) 636409.1 t1. (c) Any cost of packing and shipping said personalty to the beneficiaries, including insurance, shall be paid by my Executor as a general administration cost. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. (d) I direct that all such articles of tangible personal property of mine not disposed of in paragraphs (a) or (b) of this ITEM and all automobiles that I may own, shall be sold and the proceeds shall pass as part of my residuary estate. I anticipate and encourage that such articles be offered for private sale to members of my family, including any serving as fiduciary hereunder, at the appraised value of such articles as determined for purposes of Death Taxes, all without approval of any court. 2. SPECIAL PROVISIONS. (a) If My Spouse survives me and becomes the owner of our residence at 7 Deerburn Court, Mechanicsburg, Pennsylvania, by right of survivorship, I direct my Executor to pay for all utilities, repairs and routine maintenance at such residence for a period of one year following my death. All such payments shall be treated as a bequest to My Spouse and my Executor shall not seek reimbursement for the same. It is intended that My Spouse assume and be responsible for all mortgage debt on such residence. (b) If either of my friends, HERMAN BUEHLER or LOIS BUEHLER, are indebted to me at my date of death, I hereby cancel and forgive any such indebtedness and request that my Executor mark as satisfied any promissory notes from either or both of the Buehlers. (c) The assets of my estate are likely to include my shares in Sun Enterprises, Inc., a Pennsylvania business corporation, which owns, among other things, contiguous or nearly contiguous tracts of approximately 900 acres, 17 acres and 12 acres with a cabin, all located in Clearfield County, Pennsylvania (all such tracts and any other contiguous tracts and the cabin shall hereinafter be referred to as the "Properties"). If I have not withdrawn the Properties from such Corporation during my lifetime, I direct that my Executor take whatever steps are necessary to have the corporation transfer the ownership of the said Properties from Sun Enterprises, Inc. to my estate. I give, devise and bequeath such Properties and direct my Executor to transfer all of my or my estate's right, title and interest in such Properties to my children, DEBRA K. RITCHEY, DONNA K. SUNDERLAND-BENSON and DANIEL K. SUNDERLAND, living at my death, as equal tenant in common owners. I anticipate that my children may form a business entity through which they may acquire contiguous tracts and if such entity is in existence at the time of such distribution, I authorize my Executor to make distribution hereunder directly to such business entity provided that all of my children concur in the distribution. If any of Page 2 of 9 Pages my said children is not living at my death, the share of such Property otherwise distributable to such deceased child shall lapse and become part of the shares passing to my children who are then living. I suggest that my children who survive me allow the children of any deceased sibling of theirs the opportunities to use the cabin from time to time as my living children deem or sole living child deems to be appropriate. (d) I give, devise and bequeath all of my right, title and interest in a parcel of real estate consisting of approximately 15 acres, in Oliver Township, McVeytown, Mifflin County, Pennsylvania, to my sister, BARBARA RIVES, if my sister survives me. If Barbara Rives does not survive me, this devise shall lapse and be null and void. 3. RESIDUE. I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to the then Trustees of "The Klare S. Sunderland Revocable Trust" created by a Declaration of Trust dated August 13, 1998, to be held, administered and disposed of in accordance with such trust, as it is in effect at my death. 4. SPENDTHRIFT PROVISION. No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. Page 3 of 9 Pages 5. SURVIVAL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. 6. FIDUCIARY POWERS. In the settlement of my estate, my Executor shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates. (b) To vary investments, when deemed desirable by the Trustee, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Trustee or any of its affiliates, or as to which such Trustee or its affiliate acts as investment advisor, as the Trustee shall deem wise. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. Page 4 of 9 Pages (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate. (h) To vote any shares of stock which form apart of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor to unite with any other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. 0) To assign to and hold in my estate an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. (o) To employ and compensate from income or principal, in the discretion of my Executor, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. Page 5 of 9 Pages (p) To elect under Section 2652(a)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), to treat me as the transferor of any qualified terminable interest property with respect to which my estate was allowed a deduction under Section 2056(b)(7) of the Code and to allocate any of my exemption from federal generation skipping transfer tax under Section 2631 of the Code to any property as to which I am the deemed transferor under Section 2652(a) of the Code, regardless of whether or not the property with respect to which such election or allocation is made is part of my probate estate. Any such election or allocation shall be made in the sole discretion of my Executor and shall be binding upon all persons, including the then trustee of any inter vivos trust created by me, and such Executor shall not be personally liable for exercising any such discretion in good faith. (q) To manage and develop all or any part of any real property that may be owned by my estate, including but not limited to, the power to subdivide (including the dedication of parks, easements or streets, with or without consideration); to obtain the vacation of a plat or adjust boundaries; to submit property to a condominium project and do all acts necessary in connection therewith; to grant options to purchase or to lease; to construct buildings or to alter or remove buildings, and make such improvements to real property as my Executor determines to be appropriate (including improvements not situated directly on the particular real property); to grant easements or encumbrances of any kind, and to release any interest in the property; and to abandon or demolish any property including an interest in real property deemed by my Executor to be worthless or of insufficient value to keep or protect. 7. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for loss to my estate or to my spouse's estate or to any beneficiary of either estate resulting from my Executor's decision made in good faith whether or to what extent to elect on the federal estate tax return prepared on behalf of my estate to have a portion or all of certain "qualified terminable interest property" treated as having passed to my spouse in order to qualify for the federal estate tax marital deduction; and the decision of my Executor shall be binding and conclusive upon all beneficiaries of my estate, including the then trustee of any inter vivos trust created by me which constitutes a part of my federal gross estate. (b) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction; nor, as a result of such election, shall any compensating adjustments be made between Page 6 of 9 Pages income and principal or in the amount of any gift under this Will to my spouse intended to qualify for the marital deduction for federal estate tax purposes. (c) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date; nor, as a result of such decision, shall any compensating adjustment be made in the amount of any gift under this Will to my spouse intended to qualify for the marital deduction for federal estate tax purposes. 8. TAX CLAUSE. Except to the extent paid by the Trustee of the trust described in ITEM 3, all inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 3 of this Will as an expense and cost of administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 9. CLOSELY HELD BUSINESS INTERESTS. I anticipate that my interests in various closely held business organizations may be held hereunder. I intend that my fiduciaries shall have complete freedom to deal with such interests as they deem most advantageous for my estate and the trusts under my Declaration of Trust referred to in ITEM 3 hereof, subject to any limitations I may have accepted or contracted for during my lifetime. To this end, I recognize that exercise of the discretionary powers conferred on my fiduciaries by other provisions of this Will may involve an unusual degree of delegation of discretion, that one or more of the fiduciaries may Page 7 of 9 Pages frequently be dealing with my Estate or my Trust as employee, agent, creditor or purchaser of the business and that it may be desirable to retain the interest or invest additional assets therein even though this involves a larger degree of risk or less diversification than is customary for fiduciary investment and I authorize all such actions to be taken without approval of any court or other persons. I authorize my Executor to retain and distribute such business interests in kind under ITEM 3 hereof. This ITEM 9 shall have priority over all provisions in ITEM 6 to the extent not consistent therewith. 10. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law or otherwise, I appoint my Executor hereinafter named as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 11. EXECUTOR APPOINTMENT. I hereby appoint my son, DANIEL K. SUNDERLAND, and JACK F. HURLEY, JR., Esquire, as Co-Executors of this Will. If for any reason either of them should fail or cease to act, the other shall act or continue to act with all of the powers granted to the two of them. I direct that my son, DANIEL K. SUNDERLAND, shall serve as Executor without compensation and that JACK F. HURLEY, JR. shall be entitled to reasonable compensation for services rendered as fiduciary. All references in this Will to my "Executor" shall refer to my originally named Co-Executors or to my sole successor Executor, as the case may be. 12. WAIVER OF BOND. Any Custodian or Executor shall qualify and serve without the duty or obligation of filing any bond or other security. Page 8 of 9 Pages IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding eight (8) pages, this S day of z , 2007. 14VII (SEAL) Klare S. Sunderland We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the th f, the said Testator was of sound and disposing mind and memory. (SEAL) Residing at: SEAL Residing at: Page 9 of 9 Pages COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF We, KLARE S. SUNDERLAND, r,1 V y~- -V-k , the Testator and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no constraint or undue influence. lare cl~rla Witness ss Subscribed and acknowledged before me by KLARE S. SUNDERLAND, the Testator, and subscribed and sworn to before me by ~1~ and the witnesses, on this _ day of r v r c i , 2007. Notary Pub-is My Commission Expires: (SEAL) t HEALTH OF PENNSYLVANIA r Notarial Seal Leitzei, Notary Public p' -,arrishurq, Dauphin County -,is,i. n Expires Dec. 2, 2010 :4 odaffon of Notaries CODICIL TO THE LAST WILL AND TESTAMENT OF KLARE S. SUNDERLAND 1, KLARE S. SUNDERLAND, of Silver Spring Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be a Codicil to my Last Will and Testament dated March 5, 2007. 1. I hereby revoke ITEM 11 of my Last Will and Testament and in lieu thereof provide the following new ITEM 11: 11. EXECUTOR APPOINTMENT. I hereby appoint my son, DANIEL K. SUNDERLAND, and JACK F. HURLEY, JR., Esquire, of Harrisburg, Pennsylvania, as Co-Executors of this Will. If for any reason either of them should fail or cease to act, I appoint TODD J. SHILL, Esquire, of Harrisburg, Pennsylvania, as Co-Executor in his place. I direct that my son, DANIEL K. SUNDERLAND, shall serve as Executor without compensation and that any other executor serving hereunder shall be entitled to compensation for services rendered as fiduciary in accordance with his normal hourly rates. All references in this Will c') 0 to my "Executor" shall refer to my originally named Co-ExecutoX 'succqor cs r..1 Co-Executor, or my sole surviving Executor, as the case may be. (DO Page 1 of 2 Pages f - --l 642642.1 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last Will and Testament, consisting of this page and one (1) preceding page, this day of , 2007. (SEAL) Aare S. Sunderland We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above-named Testator as and for a Codicil to his Last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. I-)n A-- - 0 (SEAL) Residing at: " I V i 3amkafl~_ U ~-10AA I P1111 I ~o~S SEAL) Residing at: 0 6L +-C~tCifJ1S ~1' RL r'lll Page 2 of 2 Pages COMMONWEALTH OF PENNSYLVANIA OIL"-~~~a SS: COUNTY OF We, KLARE S. SUNDERLAND ,-b6('( 3) j,V :a Kd and (f7~,i S ~'1V1Cj~GlJr') the Testator and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as a Codicil to his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Codicil as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no constraint or undue influence. -a, 4, ~LA lare S. Sunderland fitness Witness Subscribed and acknowledged before me by KLARE S. SUNDERLAND, the Testator, and subscribed and sworn to before me by ,C&and the witnesses, on this --i? day of , 2007. Notary P blic CCMMONWEALi H Or PENNSYLVANIA My Commission Ex 'res: OT",J IAL SEAL KAREN Notary Public Hanar.~ Cumberland County (SEAL) My k" : ~ Expires April 22, 2010 CODICIL TO THE LAST WILL AND TESTAMENT OF KLARE S. SUNDERLAND I, KLARE S. SUNDERLAND, of Hampden Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be a Codicil to my Last Will and Testament dated March 5, 2007, as amended by Codicil dated August 3, 2007. 1. Proceedings have been initiated to end my marriage to Lea R. Sunderland. I hereby delete all bequests under my Last Will and Testament in favor of Lea R. Sunderland or her issue and declare all such provisions to be null and void. I hereby authorize and direct my Executor to carry out any and all legal obligations that I have under my Antenuptial Agreement dated September 28, 1989 and the Agreement between Lea R. Sunderland and me dated January 10, 1995. My Spouse shall be deemed to have died before me for purposes of construing ITEM 1 of my Will. Cl) IN WITNESS WHEREOF, I have hereunto set my hand Kd:3eal to phis apl m-C7 k'y x> r t ; p e t r r ~1 co co Page 1 of 2 Pages 4 r'; c 811009.1 ] C:7 co to my Last Will and Testament, consisting of this page and one (1) preceding page, this 0 d , 2011. day of AL) Mare S. Sunderland We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above-named Testator as and for a Codicil to his Last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. (SEAL) / r lGe.~ i?acg (SEAL) 0"1 /Z'_' -~-rr~~. U i~Ana i Z_ Page 2 of 2 Pages COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF OU-M6-e--" We, KLARE S. SUNDERLAND, and Jthe Testator and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as a Codicil to his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Codicil as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no constraint or undue influence. Mare S. Sunderland 1 1 1 g.= AL- k O Witten T A, Wit ss Subscribed and acknowledged before me by KLARE S. SUNDERLAND, the Testator, and subscribed and sworn to before me by I'1~GrL~GI!~ f A Sfi6 and If Udto jf. , the witnesses, on this j {h day of hrl I dt?I I 2011. Notary Public / My Commission Expires: (SEAL) QQUW&MALTH , OFF NOTARAL SEAL KELUE A. HOFFMAN, Notary Pmb kc flIKW Spring TMW-' Cwrbedww CourAy My Commission Expi m Apd 22, 2014