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HomeMy WebLinkAbout09-03-13 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 respecltully requests the grant of Letters in the appropriate form: Terti L.Kellv DecedenYslnfortnation 2 /�.� Name: Johanna E.Wert File No: 27 �^ 'IJ'� lTl alk/a (Assigned by Register) alkla: alkla: Social Securiry No: Date W Death: 08M&2013 ABe at DeaM: 78 DecedeM waa domiciled at death in Cumbedand County, pq (Stafe)wRh his/her last principal residence at 335 Wesley Drive,Mechanicsburg 17055 Msapapi��g� Cumberland Slreel atlOresn,Post Office entl Zi0 Cotla Ciry,Tovmehip a Bwough Camly Decedent died at SVeet atlMeas,Poat ORice eM Zip Cotle City,Townsliip w Borough Cauny State Estimate of value of decedenPs property at death: lidomiclledln Pennsylvania...................... All personal property $ 120.000.00 1/not domic/led)n Pennsylvan/a................ Personal property in Pennsylvania $ Nnot domlciled in Pennsylvanla................ Personal property in County $ � Va/ue o/rea/estate 7n Pennsylvania................................................................... $ 0.00 � TOTAL ESTIMATED VAWE S 120,000.00 Reel eslate in Permeylvania situateA at (AttaNr actl8ionel sheets,i/necassary) Streat atltlreae,Post OR�ce antl Zip Cotle Ciy.Township w Borough County �A. Pedtlon for Prohafe and Grant oi LeMars TestamenGrv PetRioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated OB/09/2013 and Codicil(s) thereto dated none �.: a �.., m Stele raleveM awnatancea(e.8��renunae(an,tleatM1 o/axecubr,etc.J Except as follows:after the execution of the instrument(s)offered kr probate,Decedent did not mar was n�' waS ot a � �a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.�3323(g�pn�dijot hav�a ch�or adopted;and Decedent was neither�the viGim of a killing nor ever adjudicated an incapacitated person. � y, r- ;„ �-ri �NO EXCEPTIONS ❑ EXCEPTIONS yr. Z � W %'a �'':r ❑ B. Petltlon for Grant of LeMars of Adminiatretion (I(applrcable) � n C'� � l�� �''�'' _..� c.t.a.,tl.b.n.,tl.6.n.c.t.a.,peden , ren absentla.dufaMeyny�orifate If Administratlon,c.t.a or d.b.n.c.ta.,erkar dafa of Wiil In Seetlon A abova and comolate Ilst of heirs. - '� �'� ��'� -i Except as follows:Decedent was not a party to pending diyorce proceeding wherein the grounds for divorce h�been establiElfBd as{U�fi�d in 23 Pa.C.S.§3323(g)and was nekher tha vidim of a killing nor ever adudicatad an incapacitated person. �: �NO EXCEPTIONS � EXCEPTIONS Petitioner(s),after a proper search haslhave ascertained that Decedent left no Will and was sunived by the followin9 spouse(if any)and heirs(ettech additional sheets,ff necessary): Name Relationship Address Fam RW-02 re�.+ai i-zm i CopyrigM(c)2011(ortn soXware mly The Lackrnr GrouO.Inc. FaBe 1 M 2 V � Oath of Personal Representative or�e�u�o��y COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name - Petitioner(s)Printed Address TeM L.Kelty 37 Greyatone Road Cadisle,PA 17013 The Petitioner(s)above-named swear(s)or affirtn(s)the statements in the foregoing Petkion are true and cortect to the best of the knowledge and belief of Petkioner(s)and that,as Personal Representative(s)of the Decedent,Petitio er(s)w'I well and truty administer the estate axord'ng to law. Swom to o rtned and subscri before �y.�� �—°^--_- � ��1 oa�e � 3 me this day o 0�.13 oere By: o�e Fw Me Regisfer Dete BOND Requlred7 ❑ YES � NO To the Registerof wlls: FEES: Please enter my appearonce by my signature below: Letters.......................................... $ Attomey Signature: ( 5 )Short Certificat'(s)......._ ��� ��/(�/�' ( )Renunciation s .............. ��yr� ( )Codicil(s)........................ ( )Affidavit(s)...................... Phnted Name: Jensica L Flaher Eaq. Bond............................................. Suprema Court - Commission.................................. ID Number: 310076 Other Firtn Name: Keystone Elder Law P.C. _ Address: 555 Geriysburg P{ke - STE C-100 Mechanicsburg,PA 17055 Phone: 777-897�223 Automation Fee............................ JCS Fee....................................... Fax: TOTAL......................................... $ E-mail: JessleaQkeystoneelderlaw.com DECREE OF THE REGISTER �esewoeem: oa��ano�3 Sxial Securily No: Estate of Johanna E.Wert File No: 21 a/kla: AND NOW, , ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentarv are hereby granted to Terri L.Kelly � in the above estate and(ff applicable)that the instrument(s)tlated 08l09I2013 described in the Petition be admitted to probate and filed of record as I st Wiil(antl Codicil )of Deeedent. ster of W ills �� CapyriBM(c)2011(wm soitwere only Tha Lackner Gmup,Ix. o(Z . �� IIIII�� � RECORp�u ;�F�,+CE pF R����'. ":.;; {;�r �, , � S LASTWILLANDTESTAMENT l�'i3 SFp 3 A�1 9 05 oF CLE;�K r ;= .10HANNA E.WERT I, ���VO�I�Tcurrently residing at 335 Wesley Drive, Mechanicsburg, Cumberland Count������D 1Q�55�clare that this is my Will and I revoke all other Wills and Codicils that I have made. ARTICLE I: FAMILY 1.01. IDENTIFICATION OF MY FAMILY I declare that I am a widow and that I have two children: Terri L. Kelly and Sandy L. Parks. 7.02. DEFINITION OF FAMILY TERMS As used in this Will, the term "my children" refers only to the above-referenced children set forth in Paragraph 1.01. The term "my children" excludes all other persons. For purposes of inheritance from me, the "children" of an individual shall be interpreted to include persons who have been legally adopted by the individual but shall exclude stepchildren who have not been legally adopted. ARTICLE 2: PAYMENT OF DEBTS AND TAXES 2.01. PAYMENT OF DEBTS AND EXPENSES I direct that all my valid debts and the expenses of my last iliness and funeral be paid from my estate as soon as practicable after my death. 2.02. PAYMENT OF TAXES I direct my Personal Representative(s) to pay out of the principal of my residuary estate all inheritance, transfer, estate, and similar taxes (including interest and penalties), assessed or payable by reason ot my death, on any property or interest in property that is included in my estate for the purpose of computing such taxes. My Personal Representative(s) shall not require any recipient of such property or interest in such property to reimburse my estate for taxes paid under this paragraph. ARTICLE 3: DISTRIBUTION OF ESTATE TO BENEFICIARIES 3.07. DISPOSITION OF RESIDUARY ESTATE All of the rest, residue, and remainder of the property that I own at the time of my death, both real and personal, of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give in equal shares to my children, TERRI L. KELLY AND SANDY L. PARKS, per stirpes. 3.02. TRANSFERS TO TRUST FOR UNDERAGE BENEFICIARIES Should any beneficiary of mine be under the age of twenty-five (25) years, my Personal Representative shall hold such beneficiary's share of my estate, as Trustee, IN TRUST and shall invest, reinvest and distribute the principal and net income of such beneficiary's share as follows: a. Until such beneficiary attains the age of riventy-flve(25)years, my Trustee, in my Trustee's sole but reasonable discretion, may pay or apply the income and any or all of the principal of such beneficiary's 1 share for the health, maintenance, support and education of such beneficiary considering all other sources of income available to such beneficiary and known to my Trustee. Upon such beneficiary attaining the age of twenty-five (25) years, my Trustee shall disVibute the balance of the principal and accumulated income, if any, of each such beneficiary's share to such beneficiary. b. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or become too small to wamant placing or continuing of such fund in trust or should its administration be or bec:ome impractical for any other reason, my Trustee, in the exercise of their sole discretion, may pay such share absolutely to the person maintaining such beneficiary or may place such shares in the beneficiary's name in an interest-bearing deposit in any bank, bank and trust company or national banking associa6on of his choosing, payable to the beneficiary at majority, or if said beneficiary has reached his or her majority, then to him or her directly. c. All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligation of my beneficiary(s), and shall not be subject to any execution or attachment. 3.03. SUPPLEMENTAL NEEDS TRUST Property will be administered pursuant to the terms of this Supplemental Needs Trust Article when: (i) another Article of this agreement directs that the property is to be administered as provided in this Supplemental Needs Trust Article; or (ii) the beneficiary of the property under another Article of this agreement is a Supplemental Needs Person, unless the other Article directs the beneficiary's interest to be distributed to an existing trust. `Beneficiazy" under this Supplemental Needs Trust Article refers to the beneficiary of the property under the other Article. The provisions of the other Article shall continue to apply to the extent they do not conflict with the provisions of this Supplemental Needs Trust Article; specifically, the provisions of this Supplemental Needs Trust Article shall control the distributions of income and principal. a. Distributions of Income and Principal The Trustee shall collect income and, after deducting all charges and expenses attributed thereto, may apply for Beneficiary's benefit, in-kind, or in cash, so much of the income and principal (even to the extent of the whole) as the Trustee deems advisable in the Trustee's sole and absolute discretion, subject to the Ifmitations set forth below. The Trustee shall add the balance of net income not paid or applied to the principal of the Supplemental Needs Trust. i. Maximize Benefits Consistent with the purpose of the Supplemental Needs Trust, before expending any amounts from the net income and/or principal of this trust, the Trustee shall consider the availability of all benefits from government or private assistance programs for which Beneficiary may be eligible. The Trustee, where appropriate and to the extent possible, shall endeavor to maximize the collection and facilitate the distribution of these benefits for Beneficiary's benefit. ii. No Reduction in Benefits None of the income or principal of the Supplemental Needs Trust shall be applied in such a manner as to supplant, impair or diminish any govemmental benefits or assistance for which Beneficiary may be eligible or which Beneficiary may be receiving. 2 iii. No Assignment Beneficiary shall not have the power to assign, encumber, direct, distribute or authorize distributions from the Supplemental Needs Trust. iv. SupplemenWl Needs Trust Savings Clause Notwithstanding any provision to the contrary, in the event that the Supplemental Needs Trust is challenged or faces imminent invasion by any govemmental department or agency in such a way as to affect Beneficiary's eligibility for benefits available under any govemmental program, the Trustee is empowered to amend the trust so as to maintain Beneficiary's eligibility for benefits under such governmental program. b. Definition of"Supplemental Needs" "Supplemental needs" refers to the requisites for maintaining the good health, safety, and welfare of Beneficiary when, in the sole and absolute discretion of the Trustee, such requisites are not being provided by any public agency, office, or department of any state or of the United States. "Supplemental needs" shall also include, but not be limited to, medical and dental expenses, annual independent checkups, clothing and equipment, programs of training, education, treatment and rehabilitation, private residential care, transportation (including vehicle purchases), maintenance, insurance, and essential dietary needs. "Supplemental needs" may include spending money; additional food; clothing; electronic equipment such as radio, recording and playback, television and computer equipment; camping; vacations; athletic contests; movies; trips; and money to purchase appropriate gifts for relatives and friends. However, in deciding whether to make these distributions the Trustee must first consider the impact on certain government benefits as is directed in d, entitled "Distribution Guidelines." The Trustee shall have no obligation to expend trust assets for such needs, but if the Trustee, in its sole and absolute discretion, decides to expend trust assets, under no circumstances should any amounts be paid to, or reimbursed to, the federal government, any state, or any governmental agency for any purpose, including for the care, support, and maintenance of Beneficiary. c. Not Available Resource to Beneficiary It is my intent to create a Supplemental Needs Trust that conforms to Pennsylvania law, in order to provide for Beneficiary's Supplemental Needs. I intend that the trust assets be used to supplement, not supplant, impair or diminish, any benefits or assistance of any Federal, state, county, city, or other govemmental entity for which Beneficiary may otherwise be eligible or which Beneficiary may be receiving. Consistent with that intent, it is my desire that, before expending any amounts from net income and/or principal of the trust, the Trustee consider the availability of all benefits from govemment or private assistanCe programs for which Beneficiary may be eligible and that, where appropriate and to the extent possible, the Trustee endeavors to maximize the collection of such benefits and to facilitate the distribution of such benefits for the benefit of Beneficiary. All actions of the Trustee shall be directed toward carrying out this intent and the discretion granted the Trustee under this agreement to carry out this intent is absolute. For purposes of determining Beneficiary's eligibility for any such benefits, no part of the principal or undistributed income of the Supplemental Needs Trust shall be considered available to Beneficiary for public benefit purposes. Beneficiary shall not be considered to have access to principal or income of the trust, and he or she has no ownership, right, authority, or power to convert any asset into cash for his or her own use. The Trustee shall hold, administer, and distribute all property allocated to the Supplemental Needs Trust for the exclusive benefit of Beneficiary during his or her lifetime. All distributions from the trust are in the sole and absolute discretion of the Trustee, and Beneficiary is legally restricted from demanding trust assets for his or her support and maintenance. In the event the Trustee is requested to release principal or income of the Supplemental Needs Trust to or on behalf of Beneficiary to pay for equipment, medication, or services that any government 3 ._ -- _ __ _ agency is authorized to provide, or in the event the Trustee is requested to petition a court or any other administrative agency for the release of trust principal or income for this purpose, the Trustee is authorized to deny such request and is authorized in its sole and absolute discretion to take whatever administrative or judicial steps may be necessary to continue Beneficiary's eligibility for benefits, including obtaining legal advice about Beneficiary's specific entitlement to public benefits and obtaining instructions from a court of competent jurisdiction ruling that neither the trust corpus nor the trust income is available to Beneficiary for eligibility purposes. Any expenses of the Trustee in this regard, including reasonable attorney's fees, shall be a proper charge to the Supplemental Needs Trust. d. Distribution Guidelines Consistent with the purpose of the Supplemental Needs Trust, before expending any amounts from the net income and/or principal of the trust, the Trustee shall consider the availability of all benefits from govemment or private assistance programs for which Beneficiary may be eligible. The Trustee, where appropriate and to the eutent possible, shail endeavor to maximize the collection and facilitate the distribution of these benefits for the benefit of Beneficiary. In making distributions, the Trustee will: (i) consider any other known income or resources of Beneficiary that are reasonably available; (ii) take into consideration all entitlement benefits from any govemment agency, such as Social Security Disability payments (SSDI), Medicaid, Department of Public Welfare, Supplemental Security Income (SSI), and any other special purpose benefits for which Beneficiary is eligible; (iii) take into consideration resource and income limitations of any such assistance program; (iv) make expenditures so that Beneficiary's standard of living will be comfortable and enjoyable; (v) not be obligated or compelled to make specific payments; (vi) not pay or reimburse any amounts to any governmental agency or department, unless proper demand is made by such governmental agency and reimbursement is required by the state; and (vii) not be liable for any loss of benefits. e. No Seeking of Order to Dlstribute For purposes of determining Beneficiary's state Medicaid program equivalent eligibility, no part of the principal or undistributed income of the Supplemental Needs Trust may be considered available to Beneficiary. The Trustee will deny any request by Beneficiary to: (i) release principal or income of the trust to or on behalf of Beneficiary to pay for equipment, medication, or services that the state Medicaid program equivalent would provide if the trust did not exist; or (ii) petition a court or any other administrative agency for the release of trust principal or income for this purpose. The Trustee may, in its sole and absolute discretion, take necessary administrative or legal steps to protect Beneficiary's Medical Assistance, including obtaining a ruling from a court of competent jurisdiction that the trust principal is not available to Beneficiary for purposes of determining eligibility. Expenses for this purpose, including reasonable attorney's fees, are a proper charge to Beneficiary's Supplemental Needs Trust. f. Indemnification of Trustee When Acting in Good Faith The Trustee shall be indemnified from the trust property for any loss or reduction of public benefits sustained by Beneficiary as a result of the Trustee exercising, in good faith, the authority granted to the Trustee under this Article. 4 _ . g. Distribution Upon the Death of Beneficiary Upon the death of Beneficiary, the Trustee shall distribute or retain the remaining Supplemental Needs Trust property according to the other Article of this agreement that directed the property to be held pursuant to this Article. If the other Article does not provide for distribution upon the death of Beneficiary, then the Trustee shall distribute or retain the remaining Supplemental Needs Trust property as though Beneficiary had predeceased me. h. Waiver of Court Invasion of Principal Under no circumstances shall Supplemental Needs Trust principal be subject to any court�iirected invasion pursuant to the provisions of the laws of Pennsylvania or any other state. i. Prohlbkion Against Beneficiary Serving as Trustee Notwithstanding any other provision of this agreement, under no circumstances may Beneficiary serve as Trustee of any share that is being administered for his or her benefit under the provisions of this Supplemental Needs Trust Article. j. LimiWtion on Power to Remove and Replace Trustee Notwithstanding any other provision of this agreement, Beneficiary has the power to remove and replace the Trustee of the Supplemental Needs Trust, but may not appoint himself or herself as the replacement Trustee. k. No Generel Power of Appointment Notwithstanding any provision of this agreement or state law to the contrary, Beneficiary shall not have a lifetime or testamentary general power of appointment as defined in Section 2041 of the Internal Revenue Code, or as defined under Pennsylvania law, or the laws of any other state. I. Application of Article Any decision made by the Trustee under this Article shall be final, controlling and binding upon all beneficiaries subject to the provisions of this Article. ARTICLE 4: FIDUCIARIES 4.01. EXECUTOR or PERSONAL REPRESENTATIVE(S) I appoint my daughter, TERRI L. KELLY, Personal Representative of this my Will. In the event Terri L. Kelly is unable or unwilling to act or continue to act as my Personal Representative, I appoint my daughter, SANDY L. PARKS, Personal Representative of this my Will. 4.02. TRUSTEE I appoint my duly appointed Personal Representative(s) Trustee(s) of the Trust(s) created pursuant to Sections 3.02 and 3.03. Notwithstanding above, under no circumstances shall a beneficiary of those trusts serve as Trustee. 4.03. WAIVER OF BOND None of the Personal Representatives, Guardians, or other Fiduciaries named in this Will shall be required to furnish bond for the faithful pertormance of his or her duties. 5 4.04. CREDITOR PROTECTION No gift or beneficial interest shall be subject to anticipation, assignment, pledge, obligation, or alienation of my beneficiary(s), whether voluntary or involuntary, and the income and principal thereof shall not be subject to any execution or attachment. 4.05. NO CONTEST CLAUSE If any beneficiary, person or en6ty in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, or objects to the accounts or actions of my fiduciaries,without probable cause, such beneficiary, person or enGry shall pay all costs, including but not limited to attomeys' fees, arising in connection with such contest, attack or objection incurred by my estate, such trust or such fiduciary personally. In the event that such beneficiary, person or enGty dces not prevail in such action, any share or interest in my estate or such trust which would otherwise pass to such beneficiary, person, entity or remainderman under this Will shall be revoked and the property consisting of such share shall be disposed of in the manner provided herein as if that contesting person or entity had predeceased me without surviving issue. ARTICLE 5: SUCCESSOR TRUSTEES 5.01. RESIGNATION OF TRUSTEE Any Trustee may resign by giving written notice, specifying the effective date of the resignation, to the beneficiaries then entitled to the Uust income. 5.02. APPOINTMENT OF SUCCESSOR TRUSTEE If all Trustees named in this instrument are unable or refuse to act, a successor Trustee may be appointed as Trustee by a written instrument delivered to the successor Trustee and signed Personal Representative(s), or the survivor of them. No successor Trustee shall be liable for acts, defaults, or omissions of any prior Trustee. Any successor Trustee with the written approval of the persons appointing the successor Trustee shall accept as correct without examination the accounts rendered by the prior Trustees and property delivered by the prior Trustees without incurring any liability. Nothing in this paragraph shall be construed as requiring the naming of a successor Trustee as long as any Trustee named in this instrument shall continue to act as Trustee hereunder. 5.03. POWERS OF SUCCESSOR TRUSTEE Any successor Trustee shall have the title, duties, powers, and discretion as the Trustee succeeded without the necessity of conveyance or transfer. ARTICLE 6: POWERS OF ADMINISTRATION 6.07. My Executor or other Personal Representative, my Trustees, and Guardians (all of whom are hereafter sometimes referred to as my "Fiduciaries") in regard to the administration of my estate, the administration of the trust and trust shares created under this Will, and such other actions as may be taken by my Fiduciaries, shall have the powers and authoriry set forth in this Article. These powers may be exercised by my Fiduciaries in the Fiduciary's sole and absolute discretion, without the permission or order of any court. These powers shall be supplementary to the powers conferred by law, including but not limited to those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. 6 6.02. If a Fiduciary is at any time required to make payments of principal or income to or for the benefit of any beneficiary who is a minor, or is an incompetent or incapacitated person, or is a person whom the Fiduciary in his or her sole discretion deems unable to handle funds properly or wisely if paid directly to the beneficiary, the Fiduciary in his or her sole discretion and without court approval may make payments in any one or more of the following ways: a. Directly to the beneficiary; b. To the natural Guardian or legally appointed Guardian of the Person or Estate of the beneficiary; c. By making expenditures directly for the care, support, maintenance, or education of the beneficiary; d. To any person or organization fumishing care, support, maintenance, or education for the beneficiary; e. To any custodial parent of a minor beneficiary; f. Directly to creditors in payment of the debts and expenses of the beneficiary; g. To a Custodian for the beneficiary under any law related to gifts or transfers to minors, including to my Executor or Personal Representative in that capacity; h. To an Attorney-in-Fact authorized to act for the beneficiary pursuant to a Durable Power of Attorney. The Fiduciary shall not be required to see to the application of any funds paid or applied in any of the aforementioned ways and the receipt of the payee shall be full acquittance. The decision of the Fiduciary with regard to the selection of which of the aforementioned methods should be used in making payments shall be conclusive and binding on all parties concemed. 6.03. My Fiduciaries shall have the power to invest in, accept and retain any real or personal property, including stock, savings, checking, and other accounts of a corporate Fiduciary or its holding company, without restriction to legal investments. 6.04. My Fiduciaries shall have the power to sell, exchange, partition, or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security. 6.05. My Fiduciaries shall have the power to borcow money for any estate purpose from any person including any Fiduciary acting hereunder and to mortgage or pledge any real or personal property. 6.06. My Fiduciaries shall have the power to hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other fortn as will pass by delivery. 7 s.o�. My Fiduciaries shall have the power to engage in litigation and compromise, arbitrate, or abandon claims. 6.08. My Fiduciaries shall have the power to make distributions in cash or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis and for such purposes to make reasonable determinations of current values, 6.08. My Fiduciaries shall have the power to make elections, decisions, concessions, and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby. 6.10. My Fiduciaries shall have the power to retain uninvested cash, in such amounts and for such period of time as the Fiduciaries shall deem advisable for the proper administration of the property. 6.11. My Fiduciaries shall have the power to manage, control, improve, and repair real and personal property belonging to the estate. 6.12. My Fiduciaries shall have the power to employ an accountant, attorney, investment adviser, broker, tax specialist, or any other Agent deemed appropriate in the discretion of the Fiduciaries, including persons associated with or employed by any Fiduciaries, and to pay from the estate reasonable compensation for all services performed by any of them. 6.73. My Fiduciaries shall have the power to borrow money for any estate purpose from any person, firm, or corporation, including one acting as a Fiduciaries hereunder, on the tertns and conditions deemed appropriate by the Fiduciaries and to obligate estate and trust assets for repayment; to encumber the estate or any trust or any property thereof by mortgage, deed of trust or othervvise, using whatever procedures to consummate the transaction deemed advisable by the Fiduciaries; and to replace, renew, and extend any encumbrance and to pay any loans or other obligations of the estate deemed advisabie by the Fiduciaries: 6.14. Notwithstanding any provision of law to the contrary, my Fiduciaries shall be authorized to invest in all forms of real and personal property of every kind, without restriction to investments authorized for Fiduciaries and without regard to any principle of diversification or risk, as the Fiduciary shall determine to be appropriate in the Fiduciary's sole and exclusive discretion. 8 ARTICLE 7: MISCELLANEOUS PROVISIONS 7.01. As long as any income or principal to which any beneficiary under my Will may be entitled remains in the possession of the Fiduciary and is not actually distributed to the beneficiary, such income or principal shall not be subject to anticipation or alienation by the beneficiary, by assignment, or by any other means (except as specifically authorized herein), and it shall be free and clear of the beneficiary's debts and obligations and shall not be taken, seized, or attached by any process whatsoever. 7.02. Whenever appropriate in this Will, the singular shall be deemed to include the plural and vice versa; and the masculine shall be deemed to include the feminine, and vice versa, and each of them to include the neuter, and vice versa. 7.03. For all purposes hereunder, the word "property" shall be deemed to include real and personal property and any interest of any kind in any real or personal property; and the word "give" shall be taken to include the words "devise" and "bequeath" wherever appropriate in order to effectuate the testamentary transfer of real or personal property. 7.04. For all purposes hereunder, the terms "Executors," "Trustees," "Guardians," "Personal Representatives" and "Fiduciaries," and the singulars thereof, shall apply, respectively, to those who are then entitled and qualified to act as such, whether originally appointed, remaining, substituted, or succeeding. 7.05. No individual Trustee appointed under this Will shall at any time be held liable for any action or default of himself or his Agent or of any other person in connection with the administration of the trust estate, unless caused by his own gross negligence or by the willful commission by him of an act of breach of trust. 7.06. The Trustee shall receive reasonable fees for the ordinary and extraordinary services rendered by the Trustee. 7.07. Should any of the provisions of my Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this Will and all invalid provisions shall be wholly disregarded in interpreting this Will. 7.08. For all purposes hereunder, the term "Supplemental Needs Person" means a person who: (i) is disabled; or (ii) is receiving, or is eligible to receive, assistance or other benefits under a means-based govemment program (such as Medicaid or Supplemental Security Income). 9 _ ._ _ As used above, the term "disabled" means disabled as defined in United States Code Title 42, Section 1382c(a)(3), or under Pennsylvania law related to means-based government programs. As used above, the term "assistance" means assistance or medical assistance as defined in United States Code Title 42, Section 1396d(a), or under Pennsylvania law related to means-based government programs. ARTICLE 8: MERGER, CONSOLIDATION,AND DIVISION 8.01. For convenience of administration or investment, the Trustee of any trusts created hereunder may: a. Invest the assets of multiple trusts in a single fund, assigning them undivided interests in such common fund, dividing the income proportionately and accounting for them separately; b. Merge or consolidate any trust created hereunder together with any other trusts having the same Trustee and substantially the same dispositive provisions; and c. Divide any trust created hereunder into two (2) or more separate trusts, each such trust to contain a fractional share of the assets of the trust before such division. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9'"day of August, 2013. X 4...1s l,r�.f_ /„ �As.a JO � � SIGNED, SEALED, PUBLISHED AND DECLARED BY JOHANNA E. WERT, the above named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. E� r �( ���J f�lJ Witness W�—ss � ���!��l�l�7iCSf�G� �� � .(.F.t1 �.(/l� �� Address Address 10 SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND : We, JOH N W RT, V t . , and , the Testatrix and the witnesses respectively, whose names are signed to he attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament 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 Testatrix, signed the Will as witness 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 constraints or undue influence. N A . WER � WITNESS' .Lt_ � `����� ITNESS Subscribed, sworn to and acknowledged before me by JOHANNA E. WERT, the Testatrix and the witnesses, on August 9, 2013. �(/"A.cii�� ��� Notary Public or PA Attorney NOTARIAL SEAL MARCIA M NESBIT Notuy Public UPPER ALIEN TWP.,CUMBERLAND COUNTY My Comminbn Etplm Jun t,2014 11 ���2 M:,n , � 3a��t�oar; ,,,�E�� �"„_.��� ' �rrwuoa!����.a���+raur� uwrv�a;s� ts�a�,�� 9 Y�S .a nr�4 zauqx�nc�az�r�mu0 q;�a