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HomeMy WebLinkAbout03-27-13 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Grace M Sauerwine File Number 21 13-Q a5l also known as Deceased Social Security Number 207-18-1017 Patricia A Hess and Joseph M Hess Petitioner(s),who is/are 18 years of age or older,apply(ies)for: (COMPLETE A'or'B'BELOW.) R A.Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors named in the last Will of the Decedent,dated 10/02/2012 and codicil(s)dated 1-% ) State relevant circumstances,e.g.,renunciation,death of'executor,etc. After the execution of the documents offered for probate: Decedent did not marry;was not divorced;was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa.C.S.A.§332 (g�not have a child born or adopted;was not the victim of a killing;and was never adjudicated an incapacitated person,except as follows:[N7 B.Grant of Letters of Administration (Ifapplicable,enter:c.t.a.,d.b.n.c.t.a.;pedente lite;durante absentia;durante minoritate) Petitioner(s),after a proper search,has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(if Administration,c1 a.or d.b.n.c.t.a.,enter date of Will on Section A above and complete list of heirs);was not the victim of a killing;was never adjudicated an incapacitated person;and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa.C.S.A.§3323(g),except as follows: Name Relationship Residence M M co _ =173 C7 co (COMPLETE IN ALL CASES.)Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County,Pennsylvania with his/her lastprinc5ral residence at 2037 Liberty Drive, Mechanicsburg, Upper Allen, Cumberland, PA 17055 ^,� (List street address,town/city,township,county,state,zip code) Decedent,then 88 years of age,died on 03/16/2013 at 2037 Liberty Drive,Mechanicsburg,PA 17055 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 66,968.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 221,500.00 situated as follows: 2037 Liberty Drive Mechanicsburg,PA 17055 Wherefore,Petitioner(s)respectfully request(s)the probate of the last Will and Codicil(s)presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Patricia A Hess 1704 Fairmont Drive Mechanicsburg,PA 17055 Joseph M Hess 1704 Fairmont Drive 17055 Form RW-02 Rev.12-26-2010 (interim form,pending action by the Court) Copyright(c)2006 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF Cumberland } The Petitioner(s)above-named swear(s)or affirm(s)that 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 Decedent,Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this day of Signature of ona/Representative i A He � Signa of Personal Representative Joseph M F ss rn rn BRi F egister Signature of Personal Representative rn r File Number: 21 Estate of Grace M Sauerwine Deceased.. Social Security Number: 207-18-1017 Date of Death: 03/16/2013 AND NOW, O�7 J v t wLcij (J f in consideration of the foregoing Petition,satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Patricia A Hess and Joseph M Hess in the above estate and that the instrument(s)dated 10/02/2012 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. FEES Letters.......................................... $ �;�0•OD Register of Short Certificate(s)....................... $ �• Renunciation(s)............................ $ M Attorney Signature: $ �� Vt J Attorney Name: Ze�adcliff O-D Supreme Court I.D.No.: 32112 Diane G. Radcliff, Esquire $ 2 • LJa Address: 3448 Trindle Road $ 00 $ Camp Hill, PA 17011 $ Telephone: (717)737-0100 $ TOTAL................................... $ dV Form RW-02 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. Page 2 of 2 H105.805 REV(9/11) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. RECORDS OF�FlC OF �EOISTE� OF This is to certify that the information here given is Fee for this certificate, $6.00 -' Y g �ZH OF p ,a'''`�P fyy- correctly copied from an original Certificate of Death %f 27 nil 8 �� ���`�� �_ duly filed with me as Local Registrar. The original i � -� -Jr certificate will be forwarded to the State Vital j'^ `v - Records Office for permanent filing. CLE P 19 3 9 914 2RPHAHS COURT ARC P 2013 CO.,RLAND 'T ENSOF;� }i4 Certification Number PA """""'°"" )# Local Registrar Date Issued TyPe/Print in COMMONWEALTH OF PENNSYLVANIA•DEPARTMENT OF HEALTH•VITAL RECORDS Permanent CERTIFICATE OF DEATH Black Ink State file Number: 1.Decedent's Legal Name(First,Middle,Last,Suffix) 2.Sex 3.Social S-curity Number 4."ate of Death(MO/D.v/Yr)(Spell Mo) Grace M.Sauerwine -gale 247-1S-1017 Mar 16,2013 5-Age-last Birthday(;7m) Sb.Under 1 Year 5t.Under 1 Da 6.Date of Btrth(MO/DaY/Year)(Spell Month) 7a.Birthplace(City and_atai#p u-eta;Laygtry} as Months Days Hours Minutes August 27,1924 P�2� �i tS PA 7b.Birthplace(County) ag �! ga.Residence(State or Foreign Country) 86.Residence(Street and Number-Incl�N...) .Did Decede nt Live in a TOWnshlpT P'� 37 t..#tsarty Drlva es,decedent l;v¢d in Upper Albgen 8tl.R-sidence}County}Cumberiand Se.Residence(Zip Code) No,decedent lived within limits of city/born. 9.Ever in US Armed Forces? 10.Marital Status at Time of Death O Married Widowed 11.Surviving Spouse's Name(If wife,give name prior to first marriage) M Yes E3 No E]Unknown Divprced D Never rz,fed Q Uak'_' 12.Father's Name(First,Middle,Last,Suffix} 13.Mother's Name Prior to First Marriage{First,Middl-,Last} Richard Johnstone Janet Millar 14a.Informant's Name 14b.Relatlonshi to D-ced-at 14c.informant's Ma1Rn Atldress C(S��t11 and Number,Clty,State,ZI Code Patrlcis Hess DAUCGl`1TEtR 1704 Fa�rmont Drlva Mechanicsburg,�A 1055 _ _ _ _ _ ^-I _1h 6c aced neat ac an r The _ _ __ if Death Occurred in a Hospital: 1_1 inpatient if Death Occurred Somewhere Other Than a Hospital: (M Hospic¢Facility T 'C.J Decedent's Nom¢ 8 [] Emergency Room/Outpatient 0 Dead an Arrival I O Nursing Home/Long-Term Care Facility C]Other(Specify) 15b.Facility Name(If ngt0l rS i"ibO�,giv�stryg and number) 15c.City or Town,Stet,,and 11�19�1ePA 17055 lSd.County of Dinh .. i6a.Method of Disposition Burial E] Cremation 16b.Date of Disposltlan 16c.Place of Disposition(Name of cemetery,cramatt"Y,or oth-r ptace) C3 Remavai from State E3 Donation Mar 2S,2o13 Robing Green Cemetery Q Other(Specify) 16tl,t.ocatlon of DlsposiNgn(City or Town,State,and 21p) 37 nature of Funeral Service Licensee son in Ch - f Interment 17b.License Number CampH111,PA 17411 .FOtvW Sir, FO-0141$1 17c.Name and Complete AddteecUflloaf9YRi8atil1110pir ral Homa and on Services Inc.824 Hummel Avenue Lemoyne,PA 17043 18.Decedent's Education-Check the box that best describes the 19.Decedent of Hispanic Origin-Check the 20.0...d..t'.Race-Check ONE OR MORE races to Indicate what highest degree or level of school completed at the time of death• .-hat best describes whether the decedent a tlecedenL considered h{mseif or herself to be. C3 Sth grad-or lass is Spanish/Hispanic/Latina. Check the"Na" '�Khite Korean E3 No diploma,9th-12th grade ox If decedent is not Spanish/Hispanic/Latino, Black or African American E] Vietnamese High school graduate ar GED Completed No,not Sp-nlSh/Hispanic/Latino �American Indian or Alaska Native O Other Asian C] Some college credit,but no degree Yes,Mexican,Mexican American,Chicano O Asian Indian 0 Native Hawaiian E3 Associate degree(e,g.AA,AS) E]Yes,Puerto Rican E3 Chinese C] Guamanian or Chomp- E] Bachelor's degree(e.g.SA,AS,SS) E]Yes,Cuban 0 Filipino E] Samoan E3 Master's degree{e.g.MA,MS,MEng,MEd,MSW,MBA} Q Yes,other Spanish/Hispanic/Latino O Japanese E] Other Pacific islander n Doctorate(e.g.PhD,EdD)or Professional degree (Specify) C] Other(Specify) .MD DDS OVM LLB Jb 21 -cedenYS Single Race Self-Des)gnation-Check ONLY ONE to indicate what the decedent Considered himsei£Or herself to Ise. 22a,Decedent's Usual Occupation-Indicate typo of work White E3 Japanese O Samoan done during most of working fife. DO NOT USE RETIRED. Slack or African American E3 Korean C] Other Pacific islander Secretary E3 American Indian or Alaska Native E]Vietnamese E] Don't Know/Not Sure M Asian Indian C] Other Asian 0 Refused 22b.Kind of Business/Industry 1]Chinese E] Native Hawaiian C] Other(Specify) O Fflipina E3 Guamanian or Champrm ITT Terry Phone ITEMS 230-Z3al MUST B COMPLETE 23a.Date r e Dead(Mq/bay Yr) 23b.Signature q Person Pronouncing Death(Only when applica .License Number BY PERSON WHO PRONOUNCES OR o/no�un CERTIFIES DEATH 3 t.? - ( �.t--� I 23d.bats ign6d( o/DayfYr} 24.Time o Daath (� -jy-yfs+--� t j"`�jt I..,Was Medt V Examiner or Coroner Contacted? E3 yes No CAUSE OF DEATH Approximate 26.Part I. Enter the£haln of events--diseases,injuries,or complications--that directly caused the death. DO NOT enter t-retinal events such as cardiac arrest, I Interval: respiratory arrest,or ventricular fibrillation without showing the etiology. DO NOT ABBREVIATE. Enter only one cause an a line. Add additional lines if necessary. I Onset to Death IMMEDIATE CAUSE ' (Final disease or condition Due to(or as a consequence of): 1 resulting In death) b. I Sequentially list conditions, Due to(or as a consequence of): t If any,leading to the cause , flitted an line a. Enter the , UNDERLYING CAUSE Due to(pro.a cons-quence of): I air (disease or injury that I � initiated the events resulting d. i In death)LAST. Due to(or as a consequence of): 26,PaK II. Enter other 11Rn1ficant conditions contributing to death but not resulting In the underlying cause giv-n in Part L 27.Was an autopsy p ormad? CJ Yes No 211.Were autopsy findings avaliable i' to complete the cause of death? E] Yes No 29.if Fem 30.Did Tpbacco Use Contribute to Death? 31 M Of Death Not pregnant within past year 0 Yom'[] Probably Natural © Homicide E3 Pregnant at time of death Caa_ E] Unknown r3 Accident E3 Pending 1 vestigation C] Nat pregnant,but pregnant within 42 days of death E] Suicide E] Could not be determined ' C] Not pregnant,but pregnant 43 days to 1 year before death 32.Data of Injury(Mq/Oay/Yr)(Spell Month) t E] Unknown if pregnant within the past year 133,Time of Injury 34.Place of Injury(e.g.home;construction sit-;farm;school) 35.Location of Injury(Street and Number,City,County,State,Zip Code) t„J j 36.Injury at Work 137,If Transportation Injury,Specify; 38.Describe How Injury Occurred: O V O Driver/operator p Pedestrian EJ Passenger C] Other(Specify) 39a, fier-physician,certified nurse practitioner,medical examiner/coroner(Check only one): C-rtifying only-To the best of my knowledge,death occurred due to the cools{s}and manner stated. Q Pronouncing&Certifying-To the best of my knowledge,death occurred at the time,date,and place,and due to the cause(,)and manner stated. 0 Medical Examiner/Co-ro�ner-On the basis of texamination and/or Investigation,in my opinion,death occurred at the time,date,and place,and due to the cause(s)and manneGr skGayted. Signature of certifter: \) C s+ T� �� Title of certifier. E� License Numb- Q t_Z f F 39b.Name,Address and Zip Code of Person Completing Cause of Death(item 26) 39-Data Signed(Mo/DaY/Y,) 40.Registrar's District Number 1.ReglsLra r' natur 42. F a Date(MO Day r) C 43.Amendments Sao 2 /y\ e-70 n+a r 1 GRACE M. SAUERWINE • File No. 1-10-W Prepared September 27, 2012 C'> C: M C1 C-> :IJ =3 co Yn -13 M zc )> LAST WILL AND TESTAME Ir, "` C-7 C-10 of GRACE M. SAUERWINE BE IT REMEMBERED,that 1, GRACE M.SAUERWINE, of 2037 Liberty Drive, Mechanicsburg, PA 17055, being of sound mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making null and void any and all Wills and Testaments and writings in the nature thereof by me, at anytime heretofore made. ARTICLE 01. BACKGROUND INFORMATION: The following is background information pertaining to myself and my family: (A) I was born on August 27, 1924. (B) The last four (4) digits of my social security number are 1017". (C) I am a widow. (D) I have three (3) children, to wit: (1) Richard H. Sauerwine (YOB: 1948), 1066 Locust Grove Road, Middletown, PA 17057; (2) William C. Sauerwine (YOB: 1952), 107 Hogestown Road, Mechanicsburg, PA 17050; (3) Patricia A. Hess (YOB: 1956), 1704 Fairmont Drive, Mechanicsburg, PA 17055. ARTICLE 02. DEFINITIONS AND MISCELLANEOUS TERMS: The following definitions and miscellaneous terms shall apply to this my Last Will and Testament: (A) My Child or My Children: The term (my "Child" or "my Children" includes the children referenced in Article 01 above. (B) Issue: The terms "issue" as used in my Will means the immediate and remote lawful, lineal descendants by blood or adoption of the person referred to, who are in being at the time they must be ascertained in Order to give effect to the reference to them. (C) Per Stirpes: The term "per stirpes" as used in my Will means that whenever a distribution is to be made to the issue or descendants of any person, the property to be distributed shall be divided into as many shares as there are (1) living children of the person, and (2) deceased children, who left descendants who are living, of the person. Each living child, if any, shall take one share and the share of each deceased child shall be divided amongst his then living descendants in the same manner. (D) Per Capita.: The term "per capita" as used in my Will means that whenever a distribution is to be made to a person, the property to be distributed to that person shall be distributed only if that person survives me. If that person has not survived me, the distribution to that person shall lapse and be deemed void. "'G"kACE M. SAUERWINE GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 r (E) Personal Representative: The term "Personal Representative" as used in my Will means the Executor or Executrix of my Estate, or any other title of like import which is used to describe such a fiduciary. (F) Residuary Estate: The term "Residuary Estate" as used in my Will means all the rest, residue and remainder of my Estate remaining after payment of all of my last debts,funeral expenses,taxes and administration expenses, and any other expense, or expenditure required to be made as the result of my death and after distribution of the Tangible Personal Property and any special bequests specifically set forth herein. (G) Survive: The term "survive me", or any derivative thereof, as used in my Will means that any person or organization herein named or referred to shall be deemed to have survived me only if such person or organization shall survive me for a period of at least sixty (60) days. Any person or organization named or referred to herein who shall not survive me by a period of sixty (60) days shall be deemed to have died before I do and shall have failed to survive me. (H) Gender and Number: Where appropriate to the context, pronouns or other terms expressed in one number or gender shall be deemed to include the other number or gender, as the case may be. (1) Percentages: Where a gift, bequest or devise is expressed as a percentage in the following Articles, it refers to the percentage of that portion of my gross estate available for distribution unless a contrary intention appears in the Article. (J) Priori : Priority for distribution of the gifts and bequests herein made shall follow the Article number with the lower numbered Article taking priority over any Article appearing subsequently unless a contrary intention appears in the Article. (K) Encumbrance: When encumbered property has been specifically devised or bequeathed, it shall pass under the terms and conditions of this Will subject to said encumbrances, provided however, that any installment payments, current or past due, on either principal or interest on such encumbrances may be paid by my Personal Representative in his/her sole discretion. (L) Partial Invalidity: If any provision of this Will shall be declared inoperative or in violation of any rule of law, such invalidity shall not affect the remaining provisions of this Will and they shall remain in full force and effect. ARTICLE 03. BURIAL AND FUNERAL INSTRUCTIONS: I direct that all my funeral and burial arrangements shall be made by my Personal Representative as my Personal Representative in his/her in her sole discretion deems appropriate. To that end I have provided my Personal Representative with a form entitled "Burial Request Form" in which I have outlined my wishes regarding my funeral and burial, including the direction that I be buried in my burial plot located in the Rolling Green Cemetery, Camp Hill, PA. ARTICLE 04. DEBTS AND FUNERAL EXPENSES: I direct that all my just debts and funeral expenses appropriate to my station in life and custom of living be paid as soon after my demise as may be convenient. For purposes of this Paragraph the term "funeral expenses" expenses shall include, but not be limited to, expenses for the funeral, flowers and meal for family and friends. ARTICLE 05. ADMINISTRATION EXPENSES: I direct that all of the expenses of the administration of my Estate including, but not limited to, probate and other Court fees and reasonable commission for my Personal Representative and any attorney retained by my Personal GRACE M. SAUERWINE 2 GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 Representative, be paid as such expenses are incurred and as soon after my demise as may be convenient. ARTICLE 06. PAYMENT OF TAXES: I direct my Personal Representative to pay all inheritance, estate, succession and legacy taxes of whatsoever nature and kind, to which my Estate or any person receiving the transfer of any property passing hereunder or otherwise passing by reason of my demise, may be subject and to charge such taxes against my Residuary Estate, it being my intention that none of the aforesaid taxes, either federal or state, or any property required to be included in my gross estate, under the provisions of any state or federal law now in force or hereafter enacted, shall be prorated among the persons interested in my Estate to whom such property is or may be transferred or to whom any benefit accrues. ARTICLE 07. TANGIBLE PERSONAL PROPERTY: I give and bequeath all tangible personal property owned by me at my death and all insurance policies on such property as follows: (A) Memorandum: To those individuals who survive me and who are designated on a list, memorandum, or Bequest of Personal Property form signed by me which refers to my Will or is found with a copy thereof, I give and bequeath the item or items of tangible personal property listed beside his/her name. (B) Remainder Distribution: (1) The balance of my tangible personal property (including any items to be distributed under this Article, the bequest of which has lapsed) shall become part of my Residuary Estate and distributed to the beneficiaries and in the proportions herein provided. (2) My Personal Representative shall have the right to dispose of said remaining items of personalty, either in kind or in cash as a result of liquidation thereof as my Personal Representative, in my Personal Representative's sole discretion, deems appropriate under the circumstances. (3) Any item to be distributed in kind to a residuary beneficiary shall be distributed to that residuary beneficiary upon payment of the fair and reasonable value for that item of property to be and as established by my Personal Representative in my Personal Representative's sole discretion. (4) My Personal Representative may, but shall not be required to, delay the liquidation and/or distribution of said balance of my tangible personal property until the sale of my home, so that the furnishing of that home with said property will enhance the sale thereof, if my Personal Representative in his/her sole discretion deems such a delay to be appropriate under the circumstances. (C) Safekeeping: If any beneficiary of any item of tangible personal property aforesaid has not yet attained the age of twenty-one (21) at the time of my death, I direct that my Personal Representative, hereinafter named, to hold said items in safekeeping for that beneficiary and to deliver the same to that beneficiary upon he or she reaching age twenty-one (21), or at such earlier age if my Personal Representative deems the beneficiary to be of appropriate age and maturity to receive said items of personalty. For these purposes my Personal Representative shall be entitled to use or set aside from my Estate sufficient funds to provide for that safekeeping. ARTICLE 08. SPECIAL BEQUESTS: I give and bequeath the death benefits payable from my ITT Retirees Life insurance Policy having a current death benefits of $10,000.00 and payable to GRACE M. SA ERWINE 3 GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 my Estate as follows: (A) Fifty percent (50%) of the said death benefits, but in no event any more than five percent (5%) of the value of my net distributable estate, I give and bequeath to my sister, Betty Jane Slagel, of 490 Mt. Vernon Drive, Pittsburgh, PA 15223, provided she survives me. (B) Fifty percent (50%) of the said death benefits, but in no event any more than five percent (5%) of the value of my net distributable estate, I give and bequeath to my sister, Althea Mae Kessler, of 116 E. Littlewood Street, Pittsburgh, PA 15223, provided she survives me. (C) To the extent the said death benefits exceed ten percent(10%) of the value of my net distributable estate,said excess shall be made part of my Residuary Estate, and shall be distributed to the beneficiaries thereof as set forth in Article 09 below. ARTICLE 09. RESIDUARY ESTATE: I give, devise and bequeath my Residuary Estate as follows: (A) I give, devise and bequeath one-third (1/3) of my Residuary Estate to my Child, Richard H. Sauerwine, provided he survives me. If my Child, Richard H. Sauerwine, fails to survive me, his share of my Residuary Estate shall lapse and instead I give, devise and bequeath that one third (1/3) of my Residuary Estate to Richard H. Sauerwine's spouse and natural born children, Phyllis Sauerwine, Shawn Sauerwine and Amanda Hess, or such of them who survive me, share and share alike, in equal shares per capita. The foregoing notwithstanding, Richard H. Sauerwine's spouse Phyllis Sauerwine, shall be entitled to the foregoing share of my Residuary Estate provided and upon the conditions that: (1) Phyllis Sauerwine survives me. (2) Phyllis Sauerwine and Richard H. Sauerwine were not separated or divorced on the date of death of Phyllis Sauerwine; AND, (3) There was no divorce action pending between Phyllis Sauerwine and Richard H. Sauerwine on the date of death of Richard H. Sauerwine. In the event all three of the above referenced conditions have not been met, then the distribution to Phyllis Sauerwine shall lapse, in which event I then give, devise and bequest that share of my residuary estate to my grandchildren, Shawn Sauerwine and Amanda Hess, or either of them who survive me, share and share alike, in equal shares per capita. (B) 1 give, devise and bequeath one-third (1/3) of my Residuary Estate to my Child, Patricia A. Hess, provided she survives me. If my Child, Patricia A. Hess, fails to survive me, her share of my Residuary Estate shall lapse and instead I give, devise and bequeath that one third (1/3)of my Residuary Estate to Patricia A. Hess'spouse and natural born children, Joseph M. Hess, LaShae Willits, Austin Hess and Olivia Hess, or such of them who survive me, share and share alike, in equal shares per capita. The foregoing notwithstanding, Patricia A. Hess' spouse, Joseph M. Hess, shall be entitled to the foregoing share of my Residuary Estate provided and upon the conditions that: (1) Joseph M. Hess survives me. (2) Joseph M. Hess and Patricia A. Hess were not separated or divorced on the GRACE M. SAU RWINE 4 GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 date of death of Patricia A. Hess; AND, (3) There was no divorce action pending between Joseph M. Hess and Patricia A. Hess on the date of death of Patricia A. Hess. In the event all three of the above referenced conditions have not been met, then the distribution to Joseph M. Hess shall lapse, in which event I then give, devise and bequest that share of my residuary estate to my grandchildren, LaShae Willits,Austin Hess and Olivia Hess, or such of them who survive me, share and share alike, in equal shares per capita. (C) In the event my son, William C. Sauerwine should survive me, I then give, devise and bequeath one-third (1/3) of my Residuary Estate in the proportions and to the persons and in the proportions as follows: (1) 1 give, devise and bequeath eighty percent (80%) of the one-third (1/3) share of my Residuary Estate to my Child, William C. Sauerwine, provided he survives me. (2) 1 give, devise and bequeath ten percent (10%) of my Residuary Estate to my grandchild, Benjamin Sauerwine, provided he survives me. In the event my grandchild, Benjamin Sauerwine, fails to survive me, the distribution to Benjamin Sauerwine shall lapse in which event I then give, devise and bequest said ten percent (10%) share to my grandchild, Grant Sauerwine. (3) 1 give, devise and bequeath ten percent (10%) of my Residuary Estate to my grandchild, Grant Sauerwine, provided he survives me. In the event my grandchild, Grant Sauerwine, fails to survive me, the distribution to Grant Sauerwine shall lapse in which event I then give, devise and bequest said ten percent (10%) share to my grandchild, Benjamin Sauerwine. (D) In the event my son, William C. Sauerwine should fail to survive me, the distributions set forth in paragraph (C) (1) through (3) shall terminate and lapse, in which event, I instead give, devise and bequeath one-third (1/3) of my Residuary Estate in the proportions and to the persons who survive me as follows: (1) 1 give, devise and bequeath forty percent (40%) of the one-third (1/3) share of my Residuary Estate to my grandchild, Benjamin Sauerwine, provided he survives me. In the event my grandchild, Benjamin Sauerwine,fails to survive me, the distribution to Benjamin Sauerwine shall lapse in which event I then give, devise and bequest said forty percent (40%) of the one-third (1/3) share of my Residuary Estate to my grandchild, Grant Sauerwine. (2) 1 give, devise and bequeath forty percent (40%) of the one-third (1/3) share of my Residuary Estate to my grandchild, Grant Sauerwine, provided he survives me. In the event my grandchild, Grant Sauerwine, fails to survive me, the distribution to Grant Sauerwine shall lapse in which event I then give, devise and bequest said forty percent (40%) of the one-third (1/3) share of my Residuary Estate to my grandchild, Benjamin Sauerwine. (3) 1 give, devise and bequeath twenty percent (20%) of the one-third (1/3) share of my Residuary Estate to Laurie Sauerwine provided and upon the conditions that: (a) Laurie Sauerwine survives me. J A z r—few_x-llk 14A�� GRACE M. SAUE WINE 5 GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 (b) Laurie Sauerwine and William C. Sauerwine were not separated or divorced on the date of death of William C. Sauerwine; AND, (c) There was no divorce action pending between Laurie Sauerwine and William C. Sauerwine on the date of death of William C. Sauerwine. In the event all three of the above referenced conditions have not been met, then the distribution to Laurie Sauerwine shall lapse, in which event I then give, devise and bequest said twenty percent(20%) of the one-third (1/3) share to my grandchildren, Benjamin Sauerwine and Grant Sauerwine, or either of them who survive me, in equal shares per capita. (E) The provisions of subparagraph (C) and (D) of this Article 09 are made for the express purpose of assuring that a share of my Residuary Estate is given to my biological grandchildren, Benjamin Sauerwine and Grant Sauerwine. ARTICLE 10. PERSONAL REPRESENTATIVE: The following shall apply to the my Personal Representative: (A) Appointment of Personal Representative: I hereby appoint the following as my Personal Representative: (1) Personal Representative: I appoint Patricia A. Hess and Joseph M. Hess, or the survivor of them as my Co-Personal Representatives. (2) 1St Alternate Personal Representative: In the event both Patricia A. Hess and Joseph M. Hess should predecease me, fail to survive me, fail to qualify, cease to act, or renounce the appointment as my Co-Personal Representatives or die prior to the completion of the administration of my estate, I then appoint Richard H. Sauerwine as my Personal Representative. (3) 2nd Alternate Personal Representative: In the event Patricia A. Hess, Joseph M. Hess and Richard H. Sauerwine should all should predecease me, fail to survive me, fail to qualify, cease to act, or renounce the appointment as my Personal Representatives or die prior to the completion of the administration of my estate, I then appoint William C. Sauerwine as my Personal Representative. (B) Fee for Personal Representative: I direct that the commission or fee to be paid to Patricia A. Hess and Joseph M. Hess, or the survivor of them as my Personal Representative for the administration of my Estate shall be at the rate of five percent (5%) of the value of the probate assets in my Estate, which fee shall be based on the value of the probate Estate assets as reported on the Pennsylvania Inheritance Tax Return, but in no event any less than the amount of $25,000.00. This minimum amount is based upon my desire to compensate Patricia A. Hess and Joseph M. Hess for their many years of faithful service to me both personally, and in the administration of my needs, affairs and Estate. For any person other than Patricia A. Hess and Joseph M. Hess who is appointed and/or acting as my Personal Representative, the commission or fee to be paid to that person sha'I be limited to three percent (3%) of the value of the probate assets in my Estate, which fee shall be based on the value of the Estate probate assets as reported on the Pennsylvania Inheritance Tax Return. GRACE M. SAUERWINE 6 GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 ARTICLE 11. POWERS OF PERSONAL REPRESENTATIVE: In addition to the powers conferred by law or under previous provisions of my Will, my Personal Representative shall have the following powers: (A) General Powers: In general, to exercise all powers in the management of the my Estate which any individual could exercise in his or her own right, upon such terms and conditions as it may reasonably deem best, and to do all acts which it may deem reasonably necessary or proper to carry out the purposes of the administration of my Estate. (B) Administration Powers: (1) Property and Debt Transactions: To engage in transactions involving the assets and debts of my Estate including but not limited to the following: real estate; tangible personal property; stocks, bonds and other securities and the exercise of any options arising out of those investments; banking and financial matters; insurance; and retirement plans; (2) Safe Deposit Boxes: To enter safe deposit boxes, (3) Claims and Litigation: To pursue claims and litigation; and to compromise claims without court approval and without the consent of any beneficiary; (4) Allocation: To determine what shall be fairly and equitably charged or credited to income and what to principal; (5) Agents: To appoint or substitute one or more Agent or Agents under my Personal Representative, to carry out any of the general of specific powers hereby granted; (6) Payment of Cost and Expenses: To pay all costs, taxes, expenses and charges in connection with the administration of my Estate including, but not limited to, my last debts and all funeral expenses. (C) Property and Debts: (1) Receipt of Property: To receive property belonging to my Estate including, but not limited to the receipt of the proceeds of any insurance policy which names my Estate as a beneficiary; and to execute all necessary receipts and releases to such persons of entities adding property to my Estate; (2) Disclaim Property: To disclaim any interest in property; (3) Retention of Form of Property: To retain in the form received any property or undivided interests in property donated to, or otherwise acquired as a part of my Estate; (4) Investments: To retain any investments I may have at my death when deemed advisable to my Estate to do so; and to vary investments, when deemed desirable, then to invest in such bonds, stocks, notes, real estate mortgages, or other securities, or in such property, real or personal, as deemed wise, without being restricted to so-called "legal investments" and without regard to diversification and without being limited by any statute or rule of law concerning investments by fiduciaries; i'l•GLCrCi .Q����'�-� GRACE M. SAUERWINE 7 GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 (5) Sale of Assets: To sell either at public or private sale any real or personal property and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title with special warranty, free and clear of all liens and encumbrances and without obligation or liability to the purchaser(s) to see to the application of the purchase money or to make inquiry to the validity of the sale or sales; and 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 Personal Representative in my Will or otherwise; (6) Division: To hold and retain the principal of my Estate undivided until actual division shall become necessary in order to make distributions; to hold, manage, invest, and account for the several shares or parts thereof by appropriate entries on my Personal Representative's books of account; and to allocate to each share or part of share its proportionate part of all receipts and expenses; (7) Cash: To keep, at any time and from time to time, all or any portion of my Estate in cash and uninvested for such period or periods of time as it may deem advisable, without liability for any loss in income by reason thereof; (8) Division and Distribution: In Order to effectuate a division of the principal of my Estate or for any other purpose, including final distribution, my Personal Representative is authorized to make such divisions or distributions of the personalty and realty in kind or by way of liquidation thereof in whole or in part as my Personal Representative may deem appropriate under the circumstances and without regard to the income tax basis of any specific property allocated to any beneficiary. If a distribution or division is made in kind, said assets are required to be divided or distributed at their respective values on the date or dates of their division or distribution. When dividing fractional interests in property among several beneficiaries to allocate entire interests in some property to one beneficiary and entire interests in other property in another beneficiary or beneficiaries. (D) Estate and Testamentary: (1) Testamentary Elections: To make testamentary elections; (2) Elective Share: To claim an elective share of the estate of any deceased spouse I may have; (3) Marital Rights: To deal with or waive marital election rights; (4) Spousal Refusal: To assign rights to support to comply with the "spousal refusal" option of medicaid, if any. (E) Taxes: (1) Tax Matters and Returns: To pursue and handle tax matters and to prepare, execute and file on behalf of my Estate any and all income tax declarations and returns, and any other tax returns and reports (including, but not limited to, protests, claims, elections, consents, closing agreements, waivers of statutes of limitations and extensions), and to represent My Estate before the Internal Revenue Service of Treasury Department and any state or local taxing e.J GRACE M. SAUERWINE 8 GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 authority with respect to any claim or proceeding having to do with tax liabilities, federal, state or local, for any and all tax years; (2) Joinder in Returns: To join with any spouse I may have in the filing of any federal income tax return for any year for which I have not filed such return prior to my death, and to consent to the treatment of any gifts made by my spouse as being made one-half by me for gift tax purposes notwithstanding the fact that such action may result in additional liabilities for my Estate. Any income or gift taxes due on such returns and any deficiencies, interest, penalties, or refunds thereon, shall be allocated between my Estate and my spouse and my spouse's estate, or all to any of them, in such manner as my Personal Representative and my said spouse may agree; (3) Generation Skipping Taxes: To elect to allocate any portion or all the generation-skipping transfer exemption provided for in Code section 2631 or under similar future legislation to any portion or all of any trusts or bequests in the my Will or any other transfer which I am the transferor for purposes of the generation-skipping tax; (4) Other: To otherwise take any action or make any election which would minimize the taxes owed as a result of my death whether owed by my Estate or otherwise. ARTICLE 12. APPOINTMENT OF GUARDIAN OF MINOR'S PROPERTY: The following shall apply to the appointment of my Guardian of Minor's Property: (A) Property Guardian: I appoint Patricia A. Hess and Joseph M. Hess, or the survivor of them, as my Co-Guardians of Minor's Property. (B) 15t Alternate Property Guardian: In the event both Patricia A. Hess and Joseph M. Hess should die, fail to qualify, cease to act, or renounce the appointment as my Guardian of Minor's Property, I then appoint Richard H. Sauerwine as my Guardian of Minor's Property. (C) 2nd Alternate Property Guardian: In the event both Patricia A. Hess , Joseph M. Hess and Richard H. Sauerwine should all predecease me, die, fail to qualify, cease to act, or renounce the appointment as my Guardian of Minor's Property, I then appoint William C. Sauerwine as my Guardian of Minor's Property. ARTICLE 13. NO BONDING REQUIREMENT: I direct that my Personal Representative(s), or successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ARTICLE 14. EXCLUSION: It is not my intention to make provision in my Will for any relative or any other person not expressly provided for herein. If any such person has not been expressly mentioned herein, he or she has been omitted by me intentionally and with full knowledge of his or her relationship and existence, and not by any oversight or neglect. ARTICLE 15. WILL CONTEST: In the event that any person, including a devisee, legatee or beneficiary under my Will shall either directly or indirectly seek to establish or assert any claim to my Estate, or any part thereof, not authorized by my Will, or seek to impair, invalidate, or set aside the provisions of my Will, or to have any of the trust provisions or estate distributions limited, declared void or diminished or to defeat or change any of the dispositive scheme of my Will, or shall endeavor to secure or take any part of my estate in any manner other than through or under my Will, I hereby give, devise and bequeath to such person or persons the sum of Ten Dollars($10.00) GRACE M. SAUERWINE 9 GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 and no more in lieu of any other share or interest in my estate. Provided further that nothing in this Article contained shall prevent any beneficiary hereunder from bringing an action against any fiduciary hereunder, for an accounting, nor from enforcing any statutory share to which the beneficiary may be entitled. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of 2012. WITNESS: SEAL} GRACE M. SAUERWINE 10 GRACE M. SAUERWINE • File No. 1-10-W • Prepared September 27, 2012 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND We, Grace M. Sauerwine, Diane G. Radcliff, Esquire, and Kelly S. Quinn, the Testatrix and the Witnesses respectively, 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 the Testatrix's Last Will and Testament and that the Testatrix had signed willingly (or willingly directed another to sign for the Testatrix, and that the Testatrix executed it as the Testatrix's free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. - {SEAL} GRACE M. SAUERWI Testatrix WC� NESS14 Sworn to and subscribed to befo me this.l�day of �,yJE,thJ 2012. _ Of. NOTARY PUBLIC My Commission Expires: COMMONWEA ITI OF PENN AVANIA NotwW SeN Deborah L,DW*,Notary Public Gimp MIN Oft,Cumberland Co1NNy 11