HomeMy WebLinkAbout01-13-14 � � _... _
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PETITION FOR GRANT OF LETTERS `�
REGISTER OF WILLS OF ��n COUNTY,PENNSYLVANIA -
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) far 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 ,,�' —����� 2 p
Name• '"' File No• �� J d
a/k/a: . / (Assigned by Register)
a/k/a:
a/k/a: Social Security No: /�4 d3—/S��
Date of Death: /—�-3"/�D/3 Age at death: q'7
Decedent was domiciled at death in ��uiirt����� County, (State)with his/her last
principal residence at JrS �
Street address,Post Office an Zip Code City,Township or Bor gh County
Decedent died at �r.eiT �� L/
Stre t a dress,Post ffice and Zip Code City,Township or orough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania.. .. . . . . . . .. ... ... .. .. .. .. . . All personal property $ ��'��O•�D
If not domiciled in Pennsylvania. . .. .. . . ... ... .. . . . . . . . . Personal property in Pennsylvania $—T
If not domiciled in Pennsylvania. . .. .. . . ... ... .. .. .. . . .. Personal property in County $ �--
Value of real estate in Pennsytvania... . . . .. .. ... . . . . . . .. . .. . .. ... .. .. .. ... .. .. .. .... .. ... ... $ �.Od
TOTAL ESTIMATED VALUE. . .. $ �S/9D�OD�96�
Real estate in Pennsylvania situated at:
(Attach addirinnal sheets,if necessary.) Street address,Post OfBce and Zip Code Ciry,Township or Borough County
�A. Petition for Probate and Grant of Letters Testamentarv
Petirioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated ���i/3 and Codicil(s)
thereto dated
State relevant circumstances(�g.renunriadon,death nf execum tc) `— %fl
� � � irt1
� � �
Except as follows_after the execution of the instrument(s)offered for probate Decedent did not marry,$�s�t divorce�.�as nb�a}'t�rry to a pending
divorce proceedin�wherein the grounds for divorce had been established as defined in 23 Pa.C.S. 39'�33(�an noY.14�v�child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated pers� � �-- �, �j �-i-�
r:;a
�NO EXCEPTIONS Q EXCEPTIONS � � � � � �,
' —p -r; �r�
� B. Petition for Grant of Letters of Administration (Ifapplicable) � � �=` � _�`
c.t.a.,d.b.n.,d.b.n.c.t.a.,penden�e li&;=durante�h entic�;-zl��nte minoritate
�:
If Administration,c.�a or db.n.c.�a.,enter date of Will in Section A above ai�,c�inplete,l'}s,t of�;�e�3.
Except as follows: Decedent was not a party to a pending divorce proceedin�wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
�NO EXCEPTIONS �EXCEPTIONS
Petitioner(s),aRer a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(ifany)and heirs(ati�t��a
additin»al sheets,ifnece.r.rary): �
Name Relationshi Address
FormRW-02 rev.10/11/Z011 Page 1 af2
Oath of Personal Representative ors�;�u�o�y
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF�,/,//r1L/�E7Cf,Aal� }
Petitioner(s)Printed Name Petitioner(s)Printed Address
3 T U
The Petitioner(s)above-named sweaz(s)or affirm(s)the statements in the foregoing Petition aze true and conect to the best of the 1rnowledge and,be}ief.
of Petirioner(s)and that,as Personal Representative(s)of the Dece,dent,the P �tioner(s) 11 well d truly administer the estate accordingta Ia,�<<A �
Sworn to or affirmed and subscribed before e � Date�� ��
me i - ay of ��/� Date
$ Date
For the Register Date '
BOND Required: Q YES NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
O
Letters. . . . . . . . . . . . . . . . . . . . . . $ D Attorney Signature:
( � )Short Certificate(s). . . . . .
f-�,
( )Renunciation(s).. . . . . . . . ,� �
( )Codicil(s). . . . . . . . . . . . . � r %� F'st
( )Affidavit(s).. . . . . . . . . . . � � c_. � �
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: � 'rJ � rn �
. . ....{ C�
Commission. . . . . . . . . . . . . . . . . . Supreme Court �1 �y r-- � � �.�
Qt]�e : . . . . : : ID Number: � � M GJ -�-y �
�� � � � � �
..�'�
.' �. 5�� Firm Name: a � C,� � �
..�':.� .,._
. . . . . . . . � S• Address: .r, � � _.__ r~�
:C7 f\3 y-.... �.,tl
. . . . . . � � � �
� �
. . . . . . . . Phone:
Automation Fee. . . . . . . . . . . . . . . 5 Fax:
JCS Fee. . . . . . . . . . . . . . . . . . . . . 3� Email:
TOTAL. . . . . . . . . . . . . . . . . . . . . $ U . C�
DECREE OF THE REGISTER
Estate of � File No: �� -/�- �Q.�$
a/k/a:
AND NOW, � '"' ,���'in consid rarion of the fore oing Perition,
satisfactory proof having been presented before me, IS ECREED that Lette s
are hereby granted to l� �
in the above estat and(if applica le)that
the instrument(s)dated
d
described in the Perition be a mitted to probate and filed of recor as the last Will(and Codicil(s)) of Decedent.
egister of Wi ls � �
Form RW-02 rev.1(1/11/Z011 P� ���
H105.805 REV(9/11)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
R�CORD�� bf=FIC�'
Fee for this certificate, $6.00 �- a,;,������"'�����---. This is to certify that the information here given is
R E G i S T�',� �F �a�� ,,�p�TH OF pF�;y._ correctly copied from an original Certificate of Death
,; � ��,��`�o� = _`�G' duly filed with me as Local Registrar. The original
� t��j� v�� 13 ��'t� ,►�� � � i; certificate will �be forwarded to the StaCe Vital
�OV =� n� Records Office for permanent filing.
:* *�.
P 2 010110 0 oRP�a�sK or �°���91M ��E?�~?�1 �. 1 �� �,.,
Certification Number ���R '-..,,,ENT 0,,,n Local Registrar Date Issued
/vd�u�
��M$���A��?ON�lTIO�PF�N�RNIF•DEGqRiMENT OF NERITH•VltAt PECONDS
cklnk` CERTIFICATE OF DEATH s,,,�F;,�N�mx„
1.Dettdm['s Legal Name(First,Middle,l�st,SuKR� 1.Sev 3.Soclal Securky N�mber �.Dah af DeaM�MO/OayNr��Spell Mo)
Mazy H. Kennedy Female 1g0-03-1982 Novsnber 23, 2013
Sa.Age-Lasl Blrthday�Yrs� Sb.Unde�11'ear Sc.UMtt 1 Da 6.�ate of Birth(MO/Oay/Yeat��SOell Month� ]a.8lrthplace(Clryand Sbte or Foreign Country�
97 M^^m: o.,� Ho�,� ^+���«� May 26, 1916 1 Penns lvania
�n,eirtnni,�e Icounb) LUZPSTl2
Ba.ResiJence�5taleD�FOrll�nCO�n(ry� BE.Neiltllr�ce�5beetandN�mEer-IndutleAPt�+a.) ![.DidDeced�n[lNlinaTOwnship7
Pennsylvania 355 Sporting Hill Ro>d ��<:,ae«a����N.a�� Hartu�cien „�,
eA.PefidencelCOUnty) �
C1�tnberland e.n�,m���NUOCOe�i 17050 ❑NO,a«�a<��r�a.�mmrm��:or ��aieo.o,
9.Ever in US Armed Forces7 f0.MaiitalStaNS a1 Time of Oeath ❑Mar�ied [f WWOwed 11.Sunivm�Spouse's Name�If wife,elve name pnor ro firsl mama�e)
❑Yes x]No �Unkiwwn ❑o��o«a ❑Never Ma�rreJ ❑Unk�
13.Fathei i Name�Flrsl,Mltltll<,last,Suff�) r V 13.MO[her'S Name P�iOr to ilrst Mdrtlig!(First,MIEdIl,la5t�
Edward Hughes Mary Doris
11a.In(ormanYs Name 30b.Xelationshio[o�ecedeni 14c.Informant's Mallinp Address�5[reef and Number,Clry,Sfaee,ilp Cade�
o Kenneth J. Kenned Son 312 S. Main Road, Nbuntain Top, PA 18707
G ' _' ' '__' '_""_'_ _tsa.vac_ooe��naecto�ro�e' __ __ _' _' '" "_
u oeuh ocau��ea�o o eosn��ac �3�i�c•ue�� ui o.acn oc���ee so�ewn«e ome�rn:�a Ho:wc.i- -17 xoso�ce Fa<iiiiv -L7 o«edmes Nome
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a4 15b.Fac111ryName�lfno[insU[ution,8lve�treetandn�mber) 115c.[iryorTOwn.SUte,and210�atle IStl.COUntyol�eath
Hol S irit Hos ital Cam Hill, PA 17011 �1�
16a.MethodolDisposition ❑Bu�ial GemaHOn 16b.Da[eofOnpoiRinn 1&.Vlaceol0isposl[Ian�Nameof�emeRry,crematory,oro[her0lace)
❑a�mo.,�r.oms�.« o oo�e�o� Nov 27� 201 Qvnberlazld Cienatoxy, LLC
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r Carlisle, PA 17013 �� � FD-138630
5 11M31pezzl°PUnetalrFHaiie����n 8 Market Pl a Way, 'csburg� PA 17055
1H.D!C!dlnt'S EOuCaHan-Check Me box Ihat Dest describe�Ihe 19.OeCldent ol HISOanic Ori81n�Che[k[he 20.De[edenYS Pa[e-C�e[k ONE OX MOXE races[a iMkif!whal
�= hiB�sldeereeorlevelelscMOlcompletedatMeHmeoldeath. baxthatbestdescnbeswhe[herthedecedent thedecedentconsideredhlmsel/orhenellrobe.
❑Bthgratleorless IsSpanlsh/Hlspanic/latino.CheckNe'NO' Q(Whlh ❑Nare�n
❑No0lpbma,9M-33th6�ade bo�ifJecedenllsirot5panis�/Hlspank/latlno. ❑BlackarAfrkanrtmerkan ❑Vietnameu
❑Nig�ichool{raduattorGED[om0leteE No,notSpanish/Hispanic/latina ❑rlmerkanlndianorAla�k�NatNe ❑OtherASlan
�Some wllege creJit,Gut na tle9ree ❑Yes,Mexlcan,Mevican Rmerlcan,Chkano ❑Asian Intllan ❑Native Mawalian
❑PswGatt Eegree�e.9.M,AS) ❑Yei,iuerto Nlcan ❑Chineu ❑Guamanlan or Chamorro
❑Bac�elcrs Oegree�e.y.BA,A8,B5) ❑Yei,CuOan ❑FIIIO��o ❑Samoan
❑Mastt�'s degree(e.y.MA,M5,MEn`,MEd,MSW,MBA� ❑Yes,other SO���ih/H ank/Utlno ❑lapanese ❑O[�er Pacl%c IslanEer
❑Docmnh�e.9.VhD,EdO�or Prohasbnal depee (Specify�__ ❑01her(Speclly)
e..MO DOS OVM LLB 1D
]I.DeceEen['s Single Race Self-pesi6naMOn-Check ONLV ONE ro Inalcate what the deceEent consideretl hlmsell or henel(lo be. 33a.Decedent's Usual Occu WHOn�Indica[e rype ol work
$�Whke ❑lapanese ❑Samoan donetluringmoslo/workin911te.DONOTUSEPETIPED.
❑BlackorRfrkanAmerican ❑Sorean ❑OMerVacificlslantler �lephone OpPSator
❑Amprkan Indlan or Rlaska Native ❑Vk[namese ❑Don't I(now/NOt S�re
❑AsWn InAlan ❑Other Aslan ❑Ne(useE I7b.RInC of Buslness/InEUStry
❑C�inese ❑NaINeH�wallan �ONer�Specify� Telephone
❑Filiqna ❑GuamanlanorChamorro
REMS S3a�E3d MUST BE[OMVlETEO ]3a a[e PromunceE DeaE�MO/Day/Vr� 13b.�,gnature ol Verson Vromuncing Death�Onlywhen applkable) 23c.lkense Number
BYPERSONWHOFftONOUNCFSOR ��✓P�y��'�3 �O1?
CEPTf1ESDFATN � � �_�� ��'�,j�5-3:,
33,tl,/.Datt SlgneE�Mo/Day/Yr) i0.time �eath
/y�'�j'-�)iL� j,��'/'�3,]L�13 �5�"I F)'n) ]S.WasMedicalE�aminerarCOronerCOnbchd7 Ves ❑ No
CAUSE Of DEATH noo�o.im.a�
16.Vart L Enler the cham of evenb--diseases,injunes,o�com0�����lons--t�al dlrectW cau_eE the dea[h.DO NOT enter terminal even�s such as cardiac arrest, interval:
rcipl�atoryarrest,arventricularRbrillationwlMOUtshowing[heetialogy.�ONOTABtlFEV1AtE.Enttronlyonecauseanaline.rlddaddltionallinesi/nettssary. I Onset[oDeath
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(Flnaldise�seorconOHlon * o�eiolo.a. �o�:ea�e�<eor1�. '
resultinglndeath� ��c` I_1� ���I�-�..�.I�,� �
b. �2J �J 11 , 1
secue�n.ny u.��o�eiao�., o��m�o�::a�o�:eQU:��.or�- i
il any,leadin�ro Ne cause
Ilfted on Ilne a.Enter Ne
UNDE0.LYING GUSE �ue ro�or as a consequence of��.
�diseau o�Inlury that �
F Initia[edt�eevenlsresWtinf tl. �
In Eea[h�11lSf. Due to lo�as a con���puence o1��.
s 36.VartILEnterotherianlfcantconEltions�onlribuline[otleath�utnotresullinginlhevnderlyingca�seglvenlnVanl. 1'/.Wasanautopsyperformed?
❑Yes NO
f 38.Were autapsY�nEings avallable
�- rommoi«emeaus oie�aen>
E ❑Yes �No
Y 29.11Female: 30.�idTObacco'�seCOntribu[etoOea[�7 31.M�nneralDe�[h
o �Notpresna^[withinwstyesr ❑Yes ❑vrobably �wNral ❑Momiclse
�y ❑Pre9nan[attimeo(deafh ❑No �Unknawn ❑Accitlen[ ❑VenCinglnves[Igatlon
/X �Notpre{^ant,butpregnantwi[hin03daysaltleat� ❑SWCide ❑CauldnotbeAettrmined
❑Not preB^anl,but pregnanl�3 days ta 1 year bebre dealh 31.Wte of In�ury IMO/Day/Yr�(Spell Mon[h)
❑UnkiwwnlfO�eB��^�w�thlntheWStyear 33.Timeotln�ury
34.Vlaaoflnjury�e.g.home;constru�tbnske;hrm;school) 35.LOatano/Inlury�5hmtanENUmber,Ciry,Caunry,itate,2lpCOde�
36.In�uryalWOM1 37.IfTransportationln�ury,Spetl(y: 38.OescribeNOwlnjury0ccurred:
❑Yes ❑Onrer/Operator ❑Pedeshlan
I ❑No ❑Passengvr ❑OMer�Spetlfy�
lu 39a.Certlikr-Ohysltlan,ceNNMnursepracHtoner,medicaleKaminer/corone��C�eckonlyone�:
❑[ertllyiiy onty�To fhe Eest of mY trwwleEge,tleath occurred Eue to the cause�s)�nd m enner stahd.
(d�Pro�wuncln`6 Certl/yln8-To Me be�t al my krrowled9e,death occurrcd at Me tlme,da�-,anL O�ece,enJ Eue to Me cause��)snd manrier steced.
0 Medkal Eaaminer/Cororier�On the basls ol�aaminatbn anA/or Investl'aGOn.In my on�.lon,Eeath oc�c)urretl at the tlme,d�te,and pWa,antl due ro Me nuse�s�antl manner stateE.
SlpnaNrcolcerHtier: �� Ti[kotcertifle�: ��./ ��f�S 3� u«�,erwmn�,�.r��l,3<�s J�"
390.N me,AtlE�ess mE 21p Code of Verson ComOkting Cause ol OeaM�Item 16) 39c.Date 51 Mtl�MO/DaYh'r)
A��il LUnl�zeJ M,7. 5'ci3N -�srsnr 7 ;l Vid l70 I !l �. l �°J
' G0.Ne(ISt/aIi OISM[t Numbe� Il.flegbh+i s Signature '�•Q}, ���Aegislrar File Da[e(MO Day r�
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a9.amenemencs
H105-]E3
�,..,,..�.,.,,,o,.m�.u„ 0942551 nevmnaiz
LAST WILL AND TESTAMENT
OF
MARY A. KENNEDY
� � �
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prep�red�y
Susan E. Lederer
Law Offices of Susan E. Lederer
5011 Locust Lane
Harrisburg, PA 17109
(717) 652-7323
LAST WILL AND TESTAMENT OF MARY H. KENNEDY
I, MARY H. KENNEDY, of Mechanicsburg, Cumberland County, PA, revoke
any prior Wills and Codicils and declare this to be my Will.
ARTICLE I
Family Information
My children born befare the date of my Will are ELIZABETH ANNE
MILYKO, born on March 16, 1954, KENNETH J. KENNEDY, born on June 10, 1959 and
PETER J. KENNEDY, born on February 24, 1961.
ARTICLE II
Tangible Personal Property
A. Memorandum of Wishes. I may leave a writing disposing of
some or all of my tangible personal property. If I do so and the writing can be incorporated by
reference into this Will or otherwise be legally binding, I direct that it be incorporated or
followed and prevail over the disposition below in this Article. If the writing is not legally
binding, I request that my wishes, as expressed in that writing, be followed. This provision shall
apply whether the writing is executed before or after this Will.
B. Gift of Tangible Personal Property. I give all tangible personal
property not listed in a memorandum or other writing to my children who survive me, in equal
shares.
C. Gift Includes Insurance. A gift of property under this Article
includes my rights under any insurance policies related to such property or the proceeds of such
policies.
1
D. Survivorship. Except when I may have specifically provided
otherwise, any gift to an individual under this Article shall take effect only if the individual
survives me, and no anti-lapse rule shall apply.
ARTICLE III
Residue
I dispose of the balance of my residuary estate, real and personal, to my children
in equal shares, or, if any of my children fail to survive me, to their surviving issue, per stirpes,
or, if none,to my surviving children, pro rata.
ARTICLE IV
Takers of Last Resort
My Personal Representative shall distribute any property that is not otherwise
disposed of under my Will to the persons who would have inherited my personal estate, in the
shares that they would have inherited it had I died a resident of the Commonwealth of
Pennsylvania, unmarried and without a valid Will, on the date on which expires the interest of
the last beneficiary of the property under this Will.
ARTICLE V
Payments to Minors
Whenever income or principal becomes distributable to a person under twenty-
one (21) years of age (described herein as the "Minor" regardless of the actual legal age of
majority) for any reason, my Personal Representative may make the distribution in any way in
which my Personal Representative shall deem appropriate, including (but not limited to)those
enumerated in this Article:
2
A. Distribution to Trust. My Personal Representative may hold
the property in a separate trust for the Minor until the Minor attains twenty-five (25) years of
age. My Personal Representative may distribute to the Minor as much of the net income and/or
principal of the trust as my Personal Representative may from time to time determine, for any
purpose, annually adding to principal any undistributed net income. When the Minor reaches
twenty-five (25) years of age, my Personal Representative shall distribute the property to the
Minor, if then living, or otherwise:
1. To the Minor's descendants surviving the Minor,per
stirpes or, in default thereof,
2. If the Minor was a grandchild or more remote descendant
of mine, to the descendants then living per stirpes of the Minor's nearest ancestor who was a
descendant of mine with descendants then living or, in default thereof or if the Minor was a child
of mine,
3. To my descendants then living per stirpes.
Any trust under this section entitled "Distribution to Trust" shall terminate upon
the expiration of the Maximum Duration for Trusts as defined elsewhere in this Agreement, and
the remaining trust property shall be distributed to the Minor in one of the other ways authorized
in this Article.
B. Distribution to Custodian. My Personal Representative may
distribute the property to a custodian under any state's version of the Uniform Transfers (or
Gifts) to Minors Act, including a custodian selected by my Personal Representative. My
Personal Representative may select any age for termination of the custodianship permitted under
the Act, giving due consideration to selecting twenty-one (21) years of age if that is permitted.
C. Distribution to Donee of a Power During Minority. My
Personal Representative may actually distribute the property to anyone serving as a fiduciary
under this Will, in a manner so that it then vests in the Minor, to hold the same as donee of a
power during minority, such donee to have all the powers of a fiduciary under this Will
3
(including the power to apply the property for the Minor) and to be compensated as if the
property were a separate trust, but with no duty to account to any court periodically or otherwise.
D. Distribution to a Guardian of a Minor's Property. My
Personal Representative may distribute the property to a guardian of the Minor's property.
E. Distribution to a Minor's Parent. My Personal Representative
may distribute the property to a parent of the Minor even if the parent does not assume any
formal fiduciary capacity concerning the property. Distributions shall be made to a parent of a
beneficiary only if the parent either is a descendant of mine or was married to a descendant of
mine at the date of death of the descendant of mine who was the spouse of the parent to receive
the distribution.
F. Distribution Directly to a Minor. My Personal Representative
may distribute the property directly to the Minor if the Minor has attained fourteen(14) years of
age and has the practical capacity to own the type and amount of property in question.
G. Exoneration of Fiduciary for Distributions for Minor. My
Personal Representative shall be free from any responsibility for the subsequent disposition of
the property if it is distributed in one of the ways specified in this Article.
ARTICLE VI
Payment of Death Taxes
�'i. All Frorn Residue. Ail estate, inneritance, legacy, succession,
generation-skipping, or other wealth transfer taxes (other than any additional estate tax imposed
by Code Secs. 2031(c)(5)(C), 2032A(c) or 2057(� or any generation-skipping transfer tax on
any generation-skipping transfer, other than a direct skip, or comparable taxes imposed by any
other taxing authority) that result from my death and that are imposed by any domestic or foreign
taxing authority with respect to all property taxable by reason of my death, together with interest
4
and penalties on those taxes, shall be charged against and paid without apportionment out of the
residue of my estate as an administration expense.
B. Apportionment Prevails Over Abatement. If payment of
taxes from my residuary estate in accordance with the foregoing exhausts the share or shares of
my residuary estate that generate the tax,the balance of tax due shall be apportioned to property
passing as part of my estate and outside my estate, in accordance with the rules of tax
apportionment rather than the rules of abatement.
ARTICLE VII
Personal Representatives
A. Initial Appointments.
1. I appoint KENNETH J. KENNEDY, to be a Personal
Representative of this Will.
B. Successors.
1. If KENNETH J. KENNEDY is unable or unwilling to
serve as Personal Representative of this Will, I appoint PETER J. KENNEDY to be the
Successor Personal Representative.
2. If PETER J. KENNEDY is unable or unwilling to serve
as Personal Representative of this Will, I appoint ELIZABETH ANN MILYKO to be the
Cuccessor Personal Representative.
3 Any reference to "Personal Representative" includes any
successor, unless otherwise expressly indicated.
4. A successor Personal Representative shall be entitled to
serve based on the following rules:
a. First, each Personal Representative named by me
in this Will shall be entitled to serve;
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b. Second, a successor Personal Representative
named by me in this Will shall be entitled to serve;
c. Third, a then-serving Co-Personal Representative
effectively appointed by another Personal Representative shall be entitled to continue serving;
d. Fourth, a successor effectively appointed by
another Personal Representative shall be entitled to serve.
C. Additional Provisions Regarding Changes in Fiduciaries.
1. Any Personal Representative may resign at any time
without court approval, whether or not a successor has been appointed.
2. Each individual Personal Representative (including
successors) shall have the right to appoint a successor individual Personal Representative by an
instrument in writing, such appointment to take effect upon the death, resignation or incapacity
of the appointing Personal Representative. An appointment may be changed or revoked until it
takes effect. If I have named a successor or successors to the appointing Personal Representative
in this Will, the appointment of a successor under this paragraph shall take effect only if and
when all persons that I have appointed fail to qualify or cease to act.
3. The individuals (and any corporation) acting as my
Personal Representative may at any time acting unanimously by written instrument appoint an
individual or a corporation with fiduciary powers as a Co-Personal Representative.
4. If the office of Personal Representative is vacant and no
successor takes office pursuant to any other provision of this Will, an individual or corporation
with fiduciary powers may be appointed as Personal Representative by a majority of my adult
descendants then living and competent.
5. A Personal Representative may be appointed pursuant to
this Article for a limited purpose or to hold only specified powers.
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D. Accountings and Other Proceedings.
1. I direct that my estate be subject to independent
administration with as little court supervision as the law allows. My Personal Representative
shall not be required to render to any court annual or other periodic accounts, or any inventory,
appraisal, or other returns or reports, except as required by applicable state law. My Personal
Representative shall take such action for the settlement or approval of accounts at such times and
before such courts or without court proceedings as my Personal Representative shall determine.
My Personal Representative shall pay the costs and expenses of any such action or proceeding,
including (but not limited to) the compensation and expenses of attorneys and guardians, out of
the property of my estate.
2. I direct that in any proceeding relating to my estate,
service upon any person under a legal disability need not be made when another person not under
a disability is a party to the proceeding and has the same interest as the person under the
disability. The person under the disability shall nevertheless be bound by the results of the
proceeding. The same rule shall apply to non judicial settlements, releases, exonerations and
indemnities.
E. Exoneration from Security. No Personal Representative shall
be required to give bond or other security in any jurisdiction and, if despite this exoneration, a
bond is nevertheless required, no sureties shall be required.
F. Fiduciary Powers. My Personal Representative may, without
prior authority from any court, exercise all powers conferred by this Will or by common law or
by any fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other
jurisdiction whose law applies to this Will. My Personal Representative shall have absolute
discretion in exercising these powers. Except as specifically limited by this Will,these powers
shall extend to all property held by my Personal Representative until the actual distribution of the
property. The powers of my Personal Representative shall include the following:
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1. My Personal Representative (excluding, however, any
Interested Trustee)may allocate receipts and disbursements to income or principal in such
manner as my Personal Representative (excluding, however, any Interested Trustee) shall
determine, even though a particular allocation may be inconsistent with otherwise applicable
state law. My Personal Representative shall follow any direction by the Trustee of a trust
(excluding, however, any Interested Trustee) with respect to allocations affecting property
passing to that trust.
G. Additional General Provisions Regarding Fiduciaries.
1. Except to the extent specifically provided otherwise in
this Will, references to my Personal Representative shall, in their application to my estate, refer
to all those from time to time acting as Personal Representatives and, if two or more Personal
Representatives are eligible to act on a given matter,they shall act by majority.
2. Individual Personal Representatives shall receive
compensation in accordance with the law of the Commonwealth of Pennsylvania in effect at the
time of payment, unless the Personal Representative waives compensation.
3. No Personal Representative shall be liable to anyone for
anything done or not done by any other Personal Representative or any beneficiary.
4. The fact that a Personal Representative is active in the
investment business shall not be deemed a conflict of interest, and purchases and sales of
investments may be made through a corporate Personal Representative or through any firm of
which a corporate or individual Personal Representative is a partner, shareholder, proprietor,
associate, employee, owner, subsidiary, affiliate or the like. Property of my estate may be
invested in individual securities, mutual funds, partnerships, private placements or other forms of
investment promoted, underwritten, managed or advised by a Personal Representative or such a
firm.
5. My Personal Representative may employ and rely upon
advice given by investment counsel, delegate discretionary investment authority over
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investments to investment counsel and pay investment counsel reasonable compensation in
addition to fees otherwise payable to my Personal Representative, notwithstanding any rule of
law otherwise prohibiting such dual compensation.
6. The fact that a Personal Representative (or a firm of
which a Personal Representative is a member or with which a Personal Representative is
otherwise affiliated) renders legal or other professional services to my estate shall not be deemed
a conflict of interest, and my Personal Representative may pay fees for such services to such
Personal Representative or firm without prior approval of any court or any beneficiary, whether
or not there is a Co-Personal Representative to approve such payment. An attorney or other
Personal Representative who also renders professional services shall receive full compensation
for both services as Personal Representative and the professional services rendered, except as
specifically limited by law.
7. Any Personal Representative may delegate to a Co-
Personal Representative any power held by the delegating Personal Representative, but only if
the Co-Personal Representative is authorized to exercise the power delegated. A delegation may
be revocable but, while it is in effect, the delegating Personal Representative shall have no
responsibility concerning the exercise of the delegated power.
ARTICLE VIII
Definitions and Miscellaneous Provisions
The following definitions and miscellaneous provisions shall apply under this
Will:
A. Children and Descendants. References to "children" and
"descendants" shall include children and descendants whenever born.
B. Per Stirpes. Property that is to be divided among an individual's
surviving or then living descendants "per stirpes" shall be divided into as many equal shares as
there are children of the individual who are then living or who have died leaving surviving or
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then living descendants. A share allocated to a deceased child of the individual shall be divided
further among such deceased child's surviving or then-living descendants in the same manner.
C. Minor and Adult. Whether an individual is a minor or an adult
shall be determined under the laws of the individual's domicile at the time in question, except in
cases when this Will has specifically defined "Minor" to mean a person under twenty-five (25)
years of age.
D. Survivorship. Any beneficiary hereunder who dies within thirty
(30) days following the date of my death or the termination of or distribution from any trust
under this Will for which entitlement the date of this beneficiary's death shall be relevant, shall
be deemed to have predeceased me or to have died before the termination of or distribution from
that trust, as the case may be, for all purposes of this Will.
E. Code and Regulations. References to the "Internal Revenue
Code" or "Code" or to provisions thereof are to the Internal Revenue Code of 1986, as amended
at the time in question. References to the "Regulations" or "Regs." are to the Treasury
Regulations under the Internal Revenue Code. If, by the time in question, a particular provision
of the Internal Revenue Code has been renumbered or the Internal Revenue Code has been
superseded by a subsequent federal tax law, the reference shall be deemed to be to the
renumbered provision or the corresponding provision of the subsequent law, unless to do so
would clearly be contrary to my intent as expressed in this Will. A similar rule shall apply to
references to the Regulations.
F. Gross Estate. "Gross estate" means my gross estate as
determined for federal estate tax purposes (or for state death tax purposes where relevant).
IN WITNESS WHEREOF, I have hereunto subscribed my name on this 16th day
of April, 2013.
' � ���
MAR H. KENNEDY
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Signed, sealed, published and declared by MARY H. KENNEDY, the testatrix
above named, as and for her Last Will and Testament, in our presence, and we, in her presence,
and in the presence of each other, have hereunto subscribed our names as witnesses:
WITNESSES:
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SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF DAUPHIN )
We, MARY H. KENNEDY, ��/�• /'/�� and �?��; �s�,��„� 1�,�,���c� _ ,
the testatrix and the witnesses, respectively, whose names are subscribed to the foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that MARY H.
KENNEDY signed and executed the instrument as her Will and that she had signed willingly 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 MARY H. KENNEDY, signed the Will as
witness and that to the best of each such witness's knowledge MARY H. KENNEDY was at that
time eighteen (18) or more years of age, of sound mind, and under no constraint or undue
influence.
�/1��. �. ��
MARY . KENNEDY
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Subscribed, sworn to and acknowledged efore me by MARY H. KENNEDY, the testatrix, and
,�sub cribed and sworn to before me by �, ll�f�-,A and
��,�,,•���,,.� ;�,�{t;vt�x�� , witnesses, this 6th day of April, 2013.
COMMONWEALTH OF PENNSYLVANU
Notarial Seal ,�
Cassandra T.Rosenbaum,Notary Public r �
Lower Paxton Twp.,Dauphin County
My Commission Expires Dec.4,2016 Notary Public
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
My Commission Expires: f�" '� ��'/
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