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Home My WebLink About02-0402 PETITION FOR PROBATE and GRANT OF LETTERS Estate of ::;-;'YHi'j i--::..., !Stlelel'-=- also known as No. To: 2.1-02.- L102. Register of Wills for the Dece,;"d. County of ~u 'Yl (-?,fi:/? 1.'1 rJ I.:)n the Social Security No. J / ( - I/'_ .J../ '" 87 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut -:1 <: in the last will of the above decedent, dated r:.'X!j/.,(?,e;~ AI = ~ ;;'1 and codicil(s) dated /110 ';";")--.,1 hI' >--' II, I c,t;.'1 :;t<, named , 19~ (state relevant circumstances. e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in4mb"'l4,tb,. hi..., last family or principal resid nee at / County, Pennsylvania, with '7 ~ ..., , number and muncipality) I Decende t, then. ,,?! ,19 0""2--- , at . Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: _ C)-- $ $ $ $ _ u -r\ ,.--'- WHEREFORE, petitioner(s) respectfully request s} the probate of the last will and codicil(s) presented herewith and the grant of letters 7 osL theron. (testamentary' ~rlministTation c t ~ . ~U'lm1n;..t"<Io.i^~ ..I 11 R 9 t ~ ) ~ ~ ~ u = ~ :'2 'V;' ~- ~ " "'~ = ",,0 =";:: ..- ~. ",0.. ~~ 50 1< = .. iii LOUISE /(t:J1 nhZl./l .J. 1].( ,ct0-. I~xv'?/ /i'//., ;?J..tI/) ~lJm/51'l"L%. ~::;'o' ~'~~/fd:JhjJ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } COUNTY OF ~ 1AUi/8ffi/// V'fJ1) 88 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 represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate accord' to law. Register Sworn to or affirmed and subscribed before me this 22nd day of )\ - 'S"<f - 10 No. 21.02-1-.102... Estate of J"/"fr~' 6. tSt/""-'r<:r!' , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW I> I'/! ,'-- 2-- 'Z I 19~, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated NJ[; ~e >> described therein be admitted to probate and filed of record as the last will of / 1'i~/1 Ot,,')/c, L "!/tt;, 'T",flA) c. /)Ur2(<T'2 . and Letters '/}is7rfVMI;J---J~ are hereby granted to L(" u 1'<::' ~_ -::1_ /? U ,~"'> lri.t~~:::#-&Od);, Pf?z rn/~ 7. 1<,;:,,; s 1.. (>-4 /(' IF- 06 P '-f c../ ATTORNEY (Sup. Ct. LD. No.) codicil 10.50 extra paqes FEES 39.00 Probate, Letters, Etc. ......... $ 18.00 Short Certificates( ).......... $ 3.00 Renunciation................ $ 5.00 j= $ 5.00 TOTAL _ $ 80.50 Filed . ~.-.4~:-2.0.Q2. . . . . . . . . . . . . . . . . . . . . . . mailed to atty on 4-23-02 ~/'/ ,/J. ~rc/JI- 57 ADDRESS /-lrI,rls.t5CJ,c; ,~ 17110 07 )P;O;) , ~ S--od d ~~ ....1...... ~ . d '" f'-; f'-..: RENUNCIATION 2.\-01.- LlO2. In Ile Estate of JOHN E. BURKE deceased. To tile Rqlster of WIllI of CUMBERLAND COIIIIlY. Peaaaylvllllia. The \IDderSipIed ALLFIRST TRUST COMPANY OF PENNSYLVANIA, NA of tile above decedent. hc:rdly reaowu:e(s) the riIln III ......;n;c!U the esrate aad "",pcetl'uUy m(s) !hat Letters TESTAMENTARY be iAucd to LOUISE J. BURKE WITNESS !wid this clay of .19_ (. NA " RO PRESIDEN 213 MARKET STREET. (AddI..., HARRISBURG, PA 17101 ;,s', r\'"\ <5-./ 0-' ,.....1 C~ (1- <.::;:: (AddI<ss' N P . ~ ~ ., I" "': .J~ ~) (Ad_., 111(l~.Hn~ RFV ')/~(, This is to certify that the information here given is correctly copied from an original certificate of death dul~ filed with me as Local Registrar. The otlginal certificate wlll he forwatded to the State Vital Records Office for permanent flhng. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. '\111~~'(~~';:\I'.iif'Pi.:ti..~ i# ... ..... ~'\ i'~_- <:;::., I~i.,~' '\~l IB~.'-.d.-i':: I.i:~ '%.*-", ,," ~,'*~ \~ '0 2""l "-~ - ~l - 7/1 ......''r,I' -"- ''''fNT U\ """, "'''''''''''''111/111/11' ~ /?(~~~- Local Registrar . Fee for this certificate, $2.00 P 8031687 MAR 1 3 2002 Date R8~ 2/81 COMMONWEALTH OF PENNSYLVANIA. DEPAR1MENl OF HEALTH. VITAL RECOADS CERTIFICATE OF DEATH NAME OF oeCECENT If"$! Ml<klIe, l....) '" l:oc'...LSEcuRfNNu"'SER trE ~7iJ-l tJ tJ t ,. John E. Burke 2.Male ,.211 - 16 - 4084 ..1. MOE(lasrlltrll'lOa\'l UNDER 1 YEAR UNOER 1 O/iY O.o.TE-OF8IflTH 9IATHPUCEiC"",""4 PlACEOf'OEMH'C""".""y,M....".""'.n.."""....","n"'....'_1 -- O<p ...... [ loIinut.. ,Monll>.Oay.......U 3"".OIfCl"9"'COOOl~A HOSPItAl ISo '-Ill ,- "",0 RlJ8Odenoa.::J ="YIO 77 ,. May25,1924 ,Mahanoy Plane E~'''nlLJ .. COIJNTYQfDEArH CITY, 9ORO. fWP OF DEATH .l~II-~IIl...r.lE(lInotl~"""""'~.Q<....."'_a..a.....,.,bef' - rjSOECEDENTOF HISPANIC OAIGIN? l~ ,"'m_I_.8*;~. Wllil.. 8h; No0 ".,.,OIl___IIyCubel>. l~~\ . ~ Dauphin ...~arI' i sburg ~arrisburg Hospital Me~oeaIl.'"'*tof\ican,81C 10. Whi te ' DECEDENT'S USUAL OCCUPRIOH KIND OF BUSlNESSIIND\JSTRY ~~~~~f5~bm~?1N I ~CE~NT'SEDUC~~............\ r.lARIlAl STATUS. Mamed I L SURVIVING SPOUSE (~:=:'~:i..'='::~:'i' I~ "'- Men...", 'Mol<rtoW. 11I.-101._"'-'''''''''') ,9~~ ...0 1,:---'1 ~ o..on:ed{Speciy) ,,\leal Estate Broker Ilf.'ck Gaughen Real 0>'. ll~~<t;g '1 14.Married ~.ouise Jenkins ". DECEDENT'S MAllJt<<l...OOAESS (SI,.... C~.~. z,pCDdeI DECfDENT'S PA l1c.O'\loe.....,.l>IIlIIrHin .\ClUAL 17..Slata "" ... 1101 Drexel Hills Blvd. RESIDENCE - 1" New Cumberland,PA 17070 (SM'''''...cuo,.. ".... """"""_I Cumberland -.' 17d.60 ::=:=:", Npw rJ1mhprl .'lnn In..Cou - FATHER'S NAMe (Firlll. r.load18. laSlI UOTHER'S NAME IF.51, 1.100<110, r.l-...Surnam.) I', Patrick Burke 1", Marauer i te Cass iov iNFQNU.t.L1"'S,KAME:(\""1\*f'1iN} INFOftMANrs IoIAIUNG AOOAESS IStrNI. Ct\y1lOw". Sa.Ie. Zip Code) ~A070 - Louise Burke _.1101 Drexel Hills Blvd. New Cumberland MfTIiOO OF DISPOSITION ] I:E OF DISPOSITION Pl.ACEOFDlSPOSllIOt(.~'ll~,C<~ ~j:OCJiflOM.C~.SI.tI..ZIpCode 8utIal29 C'~O ~_SlltaO (Mot\8l,o.v._) .-"'" ......0 __, 0 ,March 14 2002 21c~ate Of Heaven Cath. Ce 21 .Mechanicsburq, PA 17050 li'O<,"N~':'~.'~~'''' ."'",'" ". '~'N"'''':'''' 17a,tE AND ...OORESS OF FACIUTY 3rd st New Cumb~rla~dOlQ- . _ -/, I" . n.. FD 012342 L ~one&Murra"FH4n8 ..~......2:Ja..c:""Iv_cattllyj"ll mvknowledge.".lthoccuIladal,h'lllll8.dal."""plKa$l,'ad UCENSENUMSER f:"'"'o .not..V,iIable'I,_oI'dNlhlO t.....l ("."",....Day.Veat-1 _of"'"h, --< ". .... 1tM1l824.2CIm"'be~edbv ~OZ,~H Il eAlEP~ NCfJNCED~AOlMJI>(jv'~it!tfI ~ ,,*,s C"'SE: REFERReD TO r.lE:OICAL EXAMINEAiCQAOt4ER? .........___dN\tl ~.O ...1ii1 ... :.35 . ". " 27. N.RT I: Enc""''''disalM"i''fU,,"or~l..,,,.whichcallS8dlNclellh. Donollnc..-lhtI"-Or iIl9, SUCh,. ClldiaCQI" ,..c.i'aIOOY all..'. .hoc~or l18'rlll~u'l ,Appr".'mel. PART A; OIhe,.iQnl/\c....o: oncIIlionlIf;:OrIUhItingto_lh.buI lOelO""'_~"",""1inII ,"-""'~ _,.s....Wlginl1>8Y<101rly1"l1C6UHg;..,.irlf't\RTI IMMEDIATE CAUs.e (F"",, " ' :o.-_dNIfI r.^ """~ "-..'" , ~~~~~~ , ~..'lr."'. <)MllYorcona."", i ,~on()Nlh)- .. , , , !~ ,,\ . "J' ~Iielcond/lion. . ~, ~~~ , . itllnW;INdIIIfl"'........,... \ DUE TOIOR"'S'" CONSEOUENCE 01'\: , d' _,E_lINDEIU.YlNQ .- , - CAlJS2(Do_or"'/UfV , , -- . .-.al""'-._ OUIE TO(OA AS ",CONSEOuENCE Of): i - '-*'II on <MeIllJ LAST ~ , WAS AN AUlOPSV WERE "'UTOPSY FINDINGS MANIIlERQFDEATH DATE OF" INJURY TIME OF llllJURY IKJURYIifWOflK? DESCRlBf HOI>IINJIJRY OCCUAflED. PEfFQRMEO? -'l...I8lEPRIOATO IMonIll.OaV...."'1 COMPlETIOH OF CAU$t _.. }ll 0 OfOEAJ"H? Hom;Codl ,J-"U 0 ...0 0 0 '" ~,- "-'<lorog-"II&I"''' -. - ...T$- 0 .. ... '" 0 '" 0 ... 0 ,,",q CouIdn<>lbe<lel.rmor><Ml 0 Plj.CEOfINJURY'/l&""",,",.\alfIl,$\1..\,l~,olIiC' I:ATIONlS1r_.C,lVITa_.Sla/1I buoIclIng.llC,ISpecol..l '". ".. ". ,... "'. CERTIPlERICheckOf'tyotll\ SIGNATVREAND nTLE OF CERTIFIER .CERTrFfIHGPttYSlCIAHIPhysoc_c"'~ C<tUMoI"".Ih....."" ~nolh", p/1y""'...I>I>;lSll'orlOUr1C:8Q<leatl'l ao<1cOO'\?"l\>e<l""""l3) 0 ~;,~ '''''~ 11>_bMl"lm1kt1owledll8, ....111 ClCC....eo:lduelP 111. ~"u,,('I'nd""'n...r.. .U1IeCl. . 3111. 'PRONOUNCING AND CEATIFYIJKl PttYSICl.AH (Phys.c"", lXI,h ",onour-.:,"9 <l....1h and Cer1,ly"'ll'O cause 01 Oe.l'hl lICENSE NlIMBfR , . 1:",T\~IGHED~MonII>,~Y.\Ur~ T,,_....I"'m1._....dJ;oo._oocc......a"__,1loI11I..ndplu.."nd;4u.l..lh..~.....I.I.Mm.nn".......ed 'W JI~. ~'t-. \)ZJ.tb'lO..\... Jld. LeC4 N"'ME AND AOOR!!SS OF PERSON wHO COMP\.ETED CAUSE: OF DEATH" . (1IemlljTVP8'OfPnnl ~ 'MEDICAl EXAM'NER/CORONER io..L S.",")>';,",' . Oftlh. H... oluamin,,'on ..I>dlo, Il>v..llg.1ion. in my opinion, dltatl>. oeco.Kf.d" tM lime, da1., and pI'ce,.nd dUIlo In.. cau'.I.j..nd 0 mIInn......."..ted.. .......' :J2.Jb14 ~~ ~~..,.. P""". j'11C'1 11... REG0~SSIGNAT'mN%R./ h(,/~,/( I O...TEFllEDI"-l"'..h.O.v........1 ". ........ ~ " ::.-Jr:....lt../ <. ~-:2...(/7-d.~~-,4" ,,>'?!.._ " '.:l ..uJtJ ;L -::r-'---' " srATff'l(~lJMM:Fl 21-02-402 :.1("",; ~ . 0.':: , ~ "" :-: N 1'.....) ~,,- ;p CJ Ul CODICIL TO THE LAST WILL AND TESTAMENT OF JOHN E. BURKE (WILL DATED OCTOBER 26, 1994) .;2/- D,). . J../Od-- I, JOHN E. BURKE, the within named Testator, do hereby make and publish this Codicil to my Last Will and Testament bearing the date of October 26, 1994 in the following manner, to wit: I do hereby amend and change my Last Will and testament as follows: 1. The name Jamie D. Burke of my grandson in Item X of my Last Will and Testament dated October 26, 1994 is here amended and corrected to be JAMES P. BURKE. I hereby ratify and confirm my said Last Will and Testament except insofar as any part thereof is revoked or modified by this Codicil. IN WITNESS WHEREOF, I JOHN E. BURKE, have to this Codicil to my Last Will and Testament dated October 26, 1994, subscribed my name and set my seal this I ,11;... day of N/)II f!::./tI\,jJ.Ei<-, 1994. 'J:::. ~~E i?~: Signed, sealed, published and declared by the said JOHN E. BURKE, as and for a Codicil to his Last will and Testament, in the presence of us, who in his presence of each other have at his request subscribed our names as witnesses hereto. qz Li fl~ A~ residing at 7 X 'J. ty f^c A ~ ~J ~~rlAh.J r~ at)/~/(l~dJ ~~~/~ V COMMONWEALTH OF PENNSYLVANIA COUNTY OF --1;ft( k SS: We, the undersigned, the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn and qualified according to law, do hereby declare to the undersigned authority that we were present and saw the Testator sign and execute the instrument as his Codicil to the Last Will and Testament, and that he had signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Codicil to the Last Will and Testament as witnesses and that to the best of their knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence; and I, the said Testator, do hereby acknowledge that I signed and executed the instrument as my Codicil to the Last Will and Testament, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes ,/ t:~/ Sworn to and subscribed before /If" day of Mo"embi'r ---fj J (I.-: Y'/l ' ", Ii, 0. {"lv,v'.! NOTARY PUBLIC My Commission Expires: Notarial Seal Usa M. Ledebohm. Notary PubIc FalrvIew lWo., Vorl< County My Commission ~xpires July 20, 1998 ..... p..,,~JIlIiaAllocimlon <.t NoIanes me this , 1994. t;-< 0 :>' :>' (f) z .., .., gJ :>::l t':I '-< n 0 0 :<: 0 (l )> 0 .. ::r: H 0 C-:jc; ~ t;-< H '::J ::: 8 t"l Z t;-< n t;C -< 0 :::0 ,:; m 0 <;2 ....; 0 t':I H ~ "'",m <: . :>' t;-< ~ ~A --< ~ (ll 0 z t ij 6:>; s: 13- IJj '<I 0 .., - c: 0 ~ w 0",=::: r -< (I) :;0 >'3 > '-' >- ~ H :>; t':I >'3 % " - '" t>j (f) ::r: ~ en H .., t':I 0 ~ H ~ 0 . t':I H Z '" .., '" .. ~~= '~-""'T "I 'W'Ti:,~~.i-~'l~~t:.~~.~~"",w:<:~j~'lio':i'~..'",:~",,:7r:,;...""j:;~'.;!;,J'~u;S,.",;.;lJ;~;'k.~,"~, ~"""~,...,~--,,-o,,.; ROBERT E. MYERS ATIORNEY AT LAW 100 YORK ROAD NEW CUMBERLAND. PA 17070 1Cast ~ill and 1[cstamcnt .21- O~- I-j();l,. OF JOHN E. BURKE I, JOHN E. BURKE, of 1101 Drexel Hills Boulevard, New Cumberland, Pennsylvania 17070, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing under ITEM V of this Will, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM III: If I predecease my wife, LOUISE J. BURKE, I give and bequeath to her absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon, provided that if my spouse dies before the thirtieth (30th) day following the day of my death, I make said bequest to my children living at the time of my death, to be divided among them as they shall agree, the Page 1 ~~ '. Executor to represent any minors in such division. Should there be no agreement, such property shall be divided among them by the Executor in as nearly equal portions as is deemed practical in the sole discretion of the Executor, having due regard to the personal preferences of such children. Any other of such property to which a minor would thus become entitled which the Executor thinks unsuitable for such minor's use shall be sold and the proceeds thereof added to the share of my residuary estate held for the benefit of such minors. Any of such property to which a minor becomes entitled and which is not sold may be delivered to the person with whom the minor resides or who has the care or control of him without bond, and the receipt of such person shall be a complete release of the Executor. ITEM IV: The gift to my spouse in this Item is intended to give my estate the marital deduction effective under the Internal Revenue Code to reduce Federal estate tax. Any provisions in this Will which conflict with or fail of this intention shall be so reconciled or amplified as to accomplish this objective. If my spouse, LOUISE J. BURKE, survives me, I direct that my Trustees, hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal estate tax purposes, reduced by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the unified credit and any other credits available to my estate, will result in no Federal estate tax, and pay the net income therefrom not less frequently than quarterly to my spouse for life. All income accrued but not paid to my spouse on the date of my spouse's death shall be paid by Trustee to my spouse's estate. My Trustee shall pay to her personal representatives from any unappointed principal the difference between all taxes, interest and penalties which they must pay by reason Page 2 rfd of her death and those which would be payable by them if such unappointed principal were not taxable in her estate and shall add the balance of such unappointed principal to my residuary Trust. ITEM V: I give and devise the residue of my estate, real and personal, to my Trustee hereinafter named, IN TRUST, as follows: (a) The net income therefrom shall be paid to my spouse, LOUISE J. BURKE, for life. (b) My spouse shall have the power to appoint to herself up to the greater amount of five percent (5%) or $5,000 annually from the principal of the residuary trust under this Item. This power of appointment shall be noncumulative and may be exercised during my spouse's lifetime only by her giving the Trustee written direction other than by her Will. (c) Upon the death of the survivor of myself and my spouse, the principal shall be held for the benefit of my son, SHAWN D. BURKE, as follows: (i) During the lifetime of my son, SHAWN D. BURKE, Trustee shall pay to or for the benefit of my said son all of the income of this Trust and so much of the principal of this Trust as may be necessary, in the sole discretion of the Trustee, for the health, maintenance, emergency and occupational, college or higher education of my son, son's wife, and son's children, such payment being made for occupational, college or higher education of grandchildren contingent on the achievement of passing grades. The invasion of principal for health, emergency, and maintenance of my son, son's wife, and son's children shall only be made after exhausting other income of my son available for such purposes. (d) Upon the death of my son, or upon my death if he predeceases me, the share of principal from which he is eligible to receive income shall be divided into as many equal shares as there are grandchildren of mine then living. Thereafter: Page 3 ~ (i) The net income may, in the absolute and sole discretion of Trustee, be paid to or accumulated on behalf of each of my living grandchildren until they attain the age of twenty-one (21) years, at which time the income shall be paid to each grandchild for life, provided however, that each such grandchild shall have the right to withdraw one-third (113) of his or her share of the principal and accumulated income when he or she shall attain the age of twenty-five (25) years, one-half (112) of his or her remaining share of the principal and accumulated income when he or she shall attain the age of thirty (30) years, and the remaining balance of his or her share of the principal and accumulated income when he or she shall attain the age of thirty-five (35) years. The rights of withdrawal may be exercised from time to time in whole or in part and the said rights of withdrawal shall be cumulative. (ii) Upon the death of each of my grandchildren who survive my son, the share of principal from which he is eligible to receive income shall be paid to his surviving issue, per stirpes, or in default of such issue, shall be added to my remaining grandchild's share or the then living issue of my deceased grandchild's share, per stirpes, to be held in trust for my remaining grandchild as part of the share from which he receives income or to be paid over to the issue of said deceased grandchild, per stirpes. (iii) If no issue of my son survive the survivor of my said spouse and myself, the remaining undistributed principal and accumulated income shall be divided into two equal shares and one share shall be paid to my heirs who would be entitled thereto under the Intestate Laws of Pennsylvania in effect at the death of the survivor of myself and my spouse; and the other share shall be paid to my spouse's heirs who would be entitled thereto under the Intestate Laws of Pennsylvania in effect at the death of the survivor of myself and my spouse as if my spouse had then died Intestate. Page 4 ~B. ITEM VI: No part of the income or principal of the property held under any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation, pledging or assignment by any beneficiary under a Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM VII: In the settlement of my estate and during the continuance of the foregoing Trusts, the Executor and the Trustee shall possess, among others, the following powers: (a) To retain all property received by them including the stock of any corporate fiduciary acting hereunder, provided such property remains productive; (b) To invest in all forms of property without restriction to investments authorized to fiduciaries, so long as such investments are productive; (c) To join in any incorporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors; (d) To compromise controversies; (e) To exchange or sell for cash, property or credit, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of the trusts hereunder, Page 5 #- without liability on the purchasers or lessees to see to application of the consideration, and to give options for these purposes without obligation to repudiate them in favor of a higher offer; (f) With respect to my residuary trust under Item FIFTH hereof, to allocate items of receipt or disbursement between income and principal as they deem equitable regardless of the character given such items by law; (g) To apply income or principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt shall be a complete acquittance therefor, without the intervention of any guardian; (h) To borrow money, including the right to borrow from any corporate fiduciary acting hereunder, and mortgage or pledge as security; (i) To hold investments in the name of a nominee; (j) To distribute in cash or kind or partly in each at valuations fixed by them; (k) To assume continuance of the status of any beneficiary with reference to marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumption; (I) To elect to value my gross estate for Federal estate tax purposes as of the date of my death or as of the alternate valuation date as allowed for such purposes, and to Page 6 -1M- . , claim as income tax deductions expenses that would otherwise qualify as estate tax deductions and other elections allowable under law; (m) Except to the extent necessary in order that the trust under Item IV hereof qualify for the marital deduction allowable under the Internal Revenue Code, it shall not be necessary to segregate investments as belonging to a particular trust or share therein and all interests may be held in undivided form in a single fund from which proportionate distributions are made based on current reappraisals; (n) To merge any similar trust established by my spouse where the terms of the same are identical; (0) To make income or principal distributions during the course of administration of my estate or trusts created hereunder; (p) In the event that I am the beneficiary of a qualified terminal interest trust and the same is taxable in my estate, I direct that my Executor shall seek reimbursement from said trust for all taxes due by my estate because of the inclusion of such trust in my estate, said computation of taxes due to be computed by taking taxes owed by my estate and such property included therein as compared to the taxes my estate would owe in the event said property were not taxable in my estate; and (q) To undertake any and all acts deemed necessary and proper by it for the proper and advantageous management of any trust and the settlement of my estate. ITEM VII: Whenever and as often as any beneficiary hereunder, to whom payments of income or principal are herein directed to be made, shall be under legal Page 7 fiL . . disability, or, in the sole judgment of the Trustee, shall otherwise be unable to apply such payments to his own or her own best interests and advantages, the Trustee may make all or any portion of such payments in anyone or more of the following ways: (a) Directly to such beneficiary; (b) To the Legal Guardian or Conservator of such beneficiary; (c) To the Trustees or to another person selected by the Trustee as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of Twenty-one (21) years; (d) To a relative of such beneficiary, to be expended by such relative for the benefit of such beneficiary; or (e) By itself expending same for the benefit of said beneficiary. ITEM VIII: In the event that there should be established in the Last Will and Testament of my wife, LOUISE J. BURKE Trusts similar to the Trusts herein established for the benefit of my children and their issue, the Trustee of each of said Trusts created in this Will shall have the right of merging it with the similar Trust for the same beneficiaries created in the Will of my wife, and operating each of said merged Trusts as a single Trust. ITEM IX: With the exception of my spouse who shall be presumed to survive me, any other person who shall have died at the same time as I shall have, under such circumstances that the order of our deaths cannot be established by proof, or within thirty (30) days of my death, shall be deemed to have predeceased me. Page 8 fL .. ITEM X: I hereby nominate, constitute and appoint my wife, LOUISE J. BURKE to be tbe Executor of, and my wife, LOUISE J. BURKE, and DAUPHIN DEPOSIT BANK AND TRUST COMPANY as Trustees under tbis Will. In tbe event of my wife's death or her inability or refusal to serve as Executor and/or Trustee, I nominate, constitute and appoint my son, SHAWN D. BURKE, and my grandson, JAMIE D. BURKE, (if he has attained tbe age of twenty-one (21) years) to serve in her stead as Executors (hereinafter collectively referred to as "Executor") and/or Trustees. The Executor, Trustee and Guardian are specitically relieved from tbe duty or obligation of filing any bond or other security. ITEM XI: My Corporate Fiduciary, if any, shall receive compensation for tbe performance of its functions hereunder in accordance with its Schedule of Fees in effect from time to time during tbe period over which its services are performed. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding eight (8) pages, at tbe end of each page of which I have also set my initials for greater security and better identification this 26 fL day of trtJ.., 1994. ~ ~ f]~ 19JIN E. BURKE (SEAL) We, tbe undersigned, hereby certify tbat the foregoing Will was signed, sealed, published and declared by tbe above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each otber, have hereunto set our hands and seals tbe day and year first above written, and we certify that . " at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. ft.uA1 rPlU 4 tA... (SEAL) V2~!~~ Residing at 7'/'J1I nA>-t>YV.L- M "'),.u.<./,.........: (....,. A, I 7 () J ~r -I (SEAL) Residing at JD'{ j \}I\[ A. ~ .hrhf~~t1~ I G? I'll! 7 U ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA V~k. COUNTY OF ) ) SS: ) v I, JOHN E, BURKE, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~t5. fj~ 10 N E. BURKE (SEAL) Sworn to and subscribed before me this JCcL day of ;.JoV",-..tb.31; 1994. ; ~j . I'/l ;,; i ' , , JI . "."j,',', ),' !.,. i ," ..l:..i,ICC. , '.......... f \,_ ".1{_L/{', {" (; ;"f/IVo.- Notary Public My Commission Expires: (SEAL) ,. ~SMI .- M, l.edobuh.n. Nolaty IlYBIie " Ill/Mew Twp., Yorll e.~A!v ,\~y ,,~mml"lon Expire. July On' I '?'If, ~PII. -418ia~' "YI"~,o.ftEJt,~ . . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ,e/.eJ- Eo JI)N~, the / Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified ~Drk We, P~JV 0: SS. COUNTY OF f?~/4A.and according to law, do depose and say that we were present and saw Testator, JOHN E. BURKE, sign and execute the instrument as his Last Will and Testament; that Testator signed willingly and that he executed said Will as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue~'nfl e. f~ ~e~~ ~ Witness WI ness Sworn to and sub~ribed before me this 3' day of t/OVuYIher , 1994. ~a) X{.rl&d.JJoIu.....J Notary Public My Commission Expires: NoIar1aIlIelII ~.~ Ilcl{ryNlllc MyColI.'!W.~~= t998 f<illBtes (SEAL) , '" ~ ~ iii ; III '"' c i C> '" \fI G\ . " '."V~ t'l ~ ~. mo"" . Z '" Z - Z .. \ -- -- ~ tn ~ U'l , '" '" -- -' '<.,,91 ... -< ~ "\ -; ~ 0 ......- ~ ... 0 ::. 0 0 III "! 6 0 \fI .. '" '" ~r ;..!";~ d :.-; ':..~' \"'~J. ::=> -c :;.0 N N (J~ ,y. .u.--. , METTE. EVANS & WOODSIDE ATTORNEYS AT LAW HARRISBURr:: ~.......~ -..,-- -----., ~~ PLEASE FILE THIS REPORT WITHIN 1WO YEARS OF DATE OF DEATH REGARDLESS OF THE STATUS OF THE ESTATE. IF THE ESTATE IS NOT COMPLETED, FILE A 6.12 FORM YEARLY UNTIL COMPLETION. STATUS REPORT UNDER RULE 6.12 Name of Decedent: John E. Burke Date of Death: March 10. 2002 Admin. No. 2002-00402 Will No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate. 1. State whether administration of the estate is complete: Yes -2L No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to NO.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No---x- b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes -..X.- No_ d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: Au!!Ust 26, 2002 Pi 11/t;{)! t8.J AJ A Signature - Peter J. Ressler. Esauire Name (Please type or print) 3401 North Front St. Address Harrisburl!. P A 17110 717-232-5000 Telephone Capacity: _ Personal Representative -1L. Counsel for Personal Representative :303652 _1 (j/ V if CERTIFICATION OF NOTICE UNDER RULE 5.6(a\ Name of Decedeni: John E. Burke Dale of Death: March 10, 2002 Will No. 2002-00402 Admio. No. To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of tbe Orphans' Court Rules was served on or mailed to the following beneficiaries of lhe above-captioned estate on May 1, 2002 Louise J. Burke Address c/o Shawn D. Burke 214 Senate Ave., Suite 702 Camp Hill, PA 17011 Name Notice has now been given 10 all persons entitled thereto under Rule 5.6(a) except none Date: August 19, 2002 Signature r1a", /f ~ Name Peter J. Ressler, Esquire Address 3401 N. Front St. Harrisburg, PA 17110 Telephone (71 ~ 232-5000 Capacity: _ Personal Representative ~Counsel for personal representative