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Home My WebLink About02-10-14 Reset � PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: LOUISE P.SOWERS File No: .� ' a/k/a; (Assign d by Register) a/k/a: a/k/a: Social Security No: Date of Death: NOVEMBER 2,2013 Age at death: 82 Decedent was domiciled at death in CUMBERLAND County,pENN��_yAN A (srare)with his/her last principal residence at 1801 WARREN ST NEW CUMBERLAND PA 17070 NEW CUMBERLAND BORO CLTMBERLAND Street address,Post Oftice and Zip Code City,Towns6ip or Boroug6 County Decedent died at 1801 WARREN ST NEW CUMBERLAND PA 17070 NEW CUMBERLAND BORO CUMBERLAND PA Street address,Post Office and Zip Code City,Towaship or Borough County Stxte Estimate of value of decedent's property at death: � If domiciled�n Pennsylvania............................ All personal property $ �"� If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not don�iciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......... .............................................. $ �. O� TOTAL ESTIMATED VALUE. ... $ '�:�"Or Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Towas63p or Borough County � A. Petit�on for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated M�RCH 24,2005 and Codicil(s) thereto dated Stste relevant circumstances(e.g.renunciation,death of executor,etG) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS Q EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,Gt.a. or c�b.n.c.�a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ;;�,; � � � � � .i'S"t ,�► ...... Q NO EXCEPTIONS Q EXCEPTIONS � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived b the follo use if d H�Rs�tach Y �8� � �" ,.,{ addinonal sheets,if necessary): ��-- �-�+ C�t � � � Name Relat�onshi Addr. �' � � � ..� � � � � � � � :_ � , . � � � � � Fo�►Rw o1 r�.lal�iaol� Page 1 of 2 Oath of Personal Representative ot��u�oniy COMMONWEALTH OF PENNSYLVANIA } } SS: COUAITY OF DAUPHIN } Petitioner(s)Printed Name Pe`titioner(s)Printed Address STEPHANIE A.SOWERS-WAROS 1093 COUNTRY HILL D HARRISBURG PA 17111 The Petitioner(s)above-'n�ned swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitio�er(s)and that,as Personal Representative(s)of the D edent,the Petitio r(s)wil well and truly ' ister the estate according to law. Swom to or firtne subsc 'bed � Date �i � � e - ` Date :�-: �► � �.�•: � � �e �"�' e � '�� n �1 , - � � '��" C7 � � BOND Required: Q YES �NO To the Register of Wills: � G'? � C� � FEES: Please enter my appearance by my signat'�e�oel�v: � � -�-r� f� � Letters... ...... .. . .... . . . . . . $_ v�� Attomey Si nature: � � N �'"" (`�" )Short Certificate(s).. .. . . U ;,,� -~� � � ( )Renunciation(s)... ... . . . �► � ( )Codicil(s). . .. . . . . . . . . . -- .._ ( )Affidavit(s)... . . . . . . . . . Bond.. . ... .. .. .. . .. . . . . . .. .. Printed Nam : STEVEN J.SCHIFFMAN,ESQUIRE Comm s .. .. . . . . . . . .. . . Supreme C urt er � . . . . . . . � ID Number: 254gg . . . . ... . Firm Name: SERRATELLI,SCHIFFMAN&BROWN,PC . . .. .. . �_ Address: 2080 LINCiL.E�TOWN Rn;STF.2� � • • • • • •• • HARRTSB[TR(T,PA 17110 .. ... . . Phone: 717-540-9170 Au4e�ratt8�e. ... .. . .. .. .. . . Fax: 717540-5481 ,j�.S.T�ee:- .... .... . .. . .. .. . . . � Email: scchiffman(�schc-law_c�m ToTAL. . .. ... . .. . . . . ... . . .. $ �S DECREE OF THE REGISTER Estate of LOUISE P.SOWERS File No: � - a/k/a: AND NOW, Q� 0 , � ,in consideration of the fore oin Petition, g g satisfactory proof having been pres n d before me,IT IS DECREED that Letters TESTAMENTARY , are hereby granted to STEPHANIE A.SOWERS-WAROS in the above estate and(if applicable)that the instrument(s)dated MARCH 24,2005 described in the Petition be admitted to probate and filed of r ord as the last Will and Codicil(s))of Decedent. w � gister of Wills Fo�Rw o� r�.10/11/2011 Page 2 of 2 . 1 �-1�S . , . � , � � . . Last Will and Testament of Louise P. Sowers I, Louise P. Sowers, a resident of New Cumberland, Cumberland County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my will. Article One Family Information I am married to Ray K. Forney. We were married on December 14, 1990. Any reference in my will to my husband is to Ray K. Forney. I wish to honor the memory of my son, David Allen Sowers, who died on September 24, 2003. � Although Stephanie Anne Sowers, granddaughter, is not a member of my immediate , family, I have made provision for her in my will. � �; � � � � � � � �, � ''� c� � � � � � � Article Two � � � ``' � � � � � � � S ecific and General Gi � �` � -� �` � p fts �, �, � ,� � � � � � � � � � � � � � Section 2.01 Life Estate in Residence to Ray K. Forney � r�' � � Upon my death, I shall give a life estate in my residence located at 1801 Warren Street, �¢ New Cumberland, Cumberland County,Pennsylvania to Ray K. Forney. During the term of my husband's life estate, he shall be responsible for the payment of all real estate taxes, utilities, sewer or water rents and similar charges on the property. He shall, at a11 times, ma,intain adequate insurance on the property and shall maintain said property in a reasonably good state of repa.ir. If my husband decides to vacant the property, he shall give thirty (30) days notice to my Executor. Upon receipt of said notice or my husband's death, my Executor sha11 make atrangements to sell the property. The net proceeds from the sale of the property shall be distributed as follows: Page 1 of 16 � 1 • � � 1 l (a) Specific Distribution to Stephanie Anne Sowers I direct that the first One Hundred Thousand ($100,000.00) Dollars of the net proceeds from the sale of the real estate be distributed to Stephanie Anne Sowers. If Stephanie Anne Sowers should predecease me, this specific distribution sha11 be made to her living descendants, per stirpes. If Stephanie Anne Sowers has no living descendants, distribution shall be made as provided in Article Five. (b) Distribution of Remaining Proceeds The balance of the net proceeds from the sale of said real estate shall be distributed as follows: PAMELA I�. RADLE 50.00% STEVEN KEATH FORNEY 7.14% DAVID LLOYD FORNEY 7.14% SUSAN MARIE FORNEY 7.14% PAUL FRANCIS FORNEY 7.14% MARY GRACE STAUFFER 7.14% PETER IGNATIOUS FORNEY 7.14% LYNDA MARIE HECKENBERGER 7.14% If PAMELA K. RADLE should predecease me, her share shall be distaributed to STEPHANIE ANNE SOWERS. If any of my husband's children should predecease me, that individual's share shall be distributed to his or her surviving children,pro rata. If Ray K. Forney should predecease me, I direc�`my Executor to sell said residence and distribute the net proceeds in accordance with paragraphs (a) and(b) above. Property passing under this Section sha11 pass free of any administrative expenses or death taxes. However, property passing under this Section shall pass subject to a11 liens, security interests or other encumbrances on the property. Page 2 of 16 � r � � � ' v Section 2.02 Specific Distribution to Mary and Bil1 Harkins as pet custodians If my husband has predeceased me, or for any reason is unable to keep or care for my pets, then my Executor sha11 distribute $2,000 to Mary and Bill Harkins as my pet custodians. If my husband survives me and is able to care for my pets, this distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. I intend to prepare a "Memorandum for Care of my Pe ts" an d as k t hat my Executors and Pet Custodians follow the instructions contained therein. If Mary and Bill Harkins should predecease me, or are for any reason unable to serve as my pet custodians, this distribution sha111apse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. Property passing under this Section sha11 pass free of any administrative expenses or death taxes. Section 2.03 Specific Distribution to Ray K. Forney Upon my death,my Executor sha11 distribute my shares in Pfizer, Inc. to Ray K. Forney. If Ray K. Forney should predecease me, this distribution shall lapse and the property subject to this distribution sha11 instead be distributed as follows: Fifty (50%) Percent to Pamela K. Radel, or, if she predeceases me, to Stephanie Ann Sowers; and Fifty (50%) Percent to Stephanie Anne Sowers. If Stephanie Anne Sowers predeceases me, this distribution sha11 be made to her living descendants,per stripes, or, if none, to Pamela K. Radle. Property passing under this Section shall pass free of any administrative expenses or death t�es. Section 2.04 Disposition of Tangible Personal Property I give all my remaining tangible personal property, together with any insurance policies covering such property and claims under such policies in accordance with a "Memorandum for Distribution of Personal Property" or other similar writing directing the disposition of such property, which sha11 be dated and signed by me. It is my intent that the writing qualifies to distribute my tangible personal possessions under applicable state law. Page 3 of 16 , � . Section 2.05 Contingent Distribution of Tangible Personal Property Any remaining tangible personal property not disposed of by a written memorandum, or if I choose not to leave a written memorandum, I give such property not disposed of to my husband, if he survives me. If he does not survive me, I give such property to Stephanie Anne Sowers, if she survives me. If Stephanie Anne Sowers does not survive me, such property sha11 become part of my residuary estate. My Executor shall incur no liability to any party for any decision made by my Executor with respect to either the division or sale of my tangible personal property, and any decision made by my Executor shall be final and binding on a11 of my beneficiaries. Section 2.06 Definition of Tangible Personal Property For purposes of this Article, my tangible personal property sha11 include but not be limited to my household furnishings, appliances and fixtures, works of art, motor vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting goods, and hobby paraphernalia. Section 2.07 Encumbrances and Incidental Expenses of Tangible Personal Property Property being distributed under this Article sha11 be distributed subject to liens, security interests or other encumbrances on the property so distributed. However, my Executor shall pay, as an administration expense, the reasonable expenses of storing, insuring, packing, transporting and otherwise caring for my tangible personal property until actual delivery of each article of property to the appropriate beneficiary. Article Three My Residuary Estate Section 3.01 Definition of My Residuary Estate All the remainder of my estate,including property referred to above that is not effectively disposed of, shall be referred to in my will as my"residuary estate." Section 3.02 Disposition of My Residuary Estate I give my residuary estate to my husband, if my husband survives me. Page 4 of 16 If my husband does not survive me,my residuary estate sha11 be administered as provided in Article Four. Articie Four Distribution of My Remaining Property The remaining property shall be distributed outright to Stephanie Anne Sowers. If Stephanie Anne Sowers is deceased, the remaining trust property sha11 be distributed to her living descendants,per stirpes. If Stephanie Anne Sowers has no living descendants, the remaining trust property shall be distributed as provided in Article Five. Article Five Remote Contingent Distribution If, at any time after my death, there is no person or entity then qualified to receive final distribution of my estate or any part of it under the foregoing provisions of my will, then the portion of my estate with respect to which such failure of qualified recipients has occurred shall be distributed as follows: Beneficiary Share Pamela K. Radle 25% Portuguese Water pog Foundation, Inc.,P.O.Box 790, Oaks, PA 19456-0790, for health research 25% Lowchen Club of America, for health research 25% Paxtang Lion's Club,4099 Va11ey Road, Harrisburg,PA 17112 in memory of my son, David Allen Sowers 25% If Pamela K. Radle should fail to survive me, her share shall pass to the organizations listed in this Article Five, pro rata. If an organization described above is no longer in existence, the share of such organization sha11 be delivered to that organization's successor in interest. If such organization has no successor in interest, or its successor in interest cannot be identified with reasonable certainty, the share of such organization shall be paid in equal shares to the remaining organization or organizations. Page 5 of 16 Article Six Designation of Fiduciaries Section 6.01 Executor I nominate my husband as my Executor. If Ray K. Forney fails or ceases to act as my Executor, I nominate Stephanie Anne Sowers as my Executrix. If Stephanie Anne Sowers fa.ils or cease to act as my Executor, I then nominate Pamela K. Radle as my Executrix. Article Seven Powers of My fiduciaries Section 7.01 Grant of Powers My fiduciaries may perform every act reasonably necessary to administer my estate and any txust established under my will. Specifically, my fiduciaries may exercise the following powers: They may hold, reta,in, invest, reinvest and manage real or personal property, including interests in any form of business entity including but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversifcation as to kind, amount or risk of non-productivity and without limitation by statute or rule of law. They may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option,mortgage,pledge, abandon,borrow, loan, contract, distribute in cash or kind or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. They may hold in nominee form, continue businesses, carry out \ agreements, and deal with themselves, other fiduciaries and business organizations in which my fiduciaries may have an interest. They may establish reserves, release powers, and abandon, settle or contest claims. They may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without Page 6 of 16 � �,� = discretionary powers and compensate them and pay their expenses from income or principal or both. Section 7.02 Fiduciaries' Powers Act In addition to all of the above powers, my fiduciaries may, without prior authority from any court, exercise a11 powers conferred by my will or by common law or by any fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other �unsdlction whose law applies to my will. My Executor shall have absolute discretion in exercising these powers. Except as specifically limited by my will, these powers sha11 extend to a11 property held by my fiduciaries until the actual distribution of the property. Section 7.03 Alternative Distribution Methods My fiduciaries may make any payment provided for under my will or under the terms of any trust established under my will as follows: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under a disability; To the beneficiary's guardian, conservator, agent under a durable power of attorney or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses, made in a manner consistent with the proper exercise of the fiduciary's duties hereunder. A receipt by the recipient for any such distribution sha11 fully discharge the fiduciary. Article Eight Administrative Provisions Section 8.01 No Court Proceedings My estate sha11 be administered expeditiously, consistent with the provisions of my will, free of judicial intervention, and without order, approval or action of any court. The estate shall be subject to the jurisdiction of a court only if my Executor or another interested party institutes a legal proceeding. A proceeding to seek instructions or a court determination shall be initiated in the court having original jurisdiction over matters relating to the construction and administration of estates. Page 7 of 16 Section 8.02 No Bond I direct that no fiduciary be required to give any bond in any jurisdiction, and if, notwithstanding this direction, any law, statute, or rule of court requires any bond, no sureties be required. Section 8.03 Fiduciary Compensation An individual serving as Executor shall be entitled to fair and reasonable compensation for the services rendered as a fiduciary. In addition to receiving compensation, my Executor may be reimbursed for reasonable costs and expenses incurred in carrying out its duties under my will. Section 8.04 Spendthrift Provision Neither the income nor the principal of any trust established under my will sha11 be assigned, anticipated or alienated in any manner by any beneficiary, nor shall it be subject to attachment,bankruptcy proceedings or any other legal process, or to the interference or control of creditors or others. Nothing contained in this Section sha11 restrict in any way the exercise of any power of appointment granted in my will. Section 8.05 Distributions to Incapacitated Persons and Persons Under Twenty-One Years of Age If my Executor is directed to distribute any share of my probate estate to any beneficiary who is under the age of 21 years or is in the opinion of my Executor, under any form of incapacity that renders such beneficiary unable to administer distributions properly when the distribution is to be made, my Executor may, as Trustee, in my Executor's discretion, continue to hold such beneficiary's share as a separate trust until the beneficiary reaches the age of 21 or overcomes the incapacity. �VIy Executor sha11 then distribute such beneficiary's trust to him or her. While any trust is being held under this Section, the Trustee, pay to the beneficiary for whom the trust is held such amounts of the net income and principal as the fiduciary deternunes to be necessary or advisable for the beneficiary's health, education, maintenance and support. Upon the death of the beneficiary before that time, the fiduciary sha11 distribute the trust, including any accrued and undistributed income, to my then living descendants, per stirpes. If I have no then living descendants the property sha11 be distributed under the provisions of Article Five. Page 8 of 16 Section 8.06 Maximum Term for Trusts Notwithstanding any other provision of my will to the contrary, unless terminated earlier under other provisions of my will, each txust created under my will shall terminate 21 years after the last to die of the descendants of my maternal and paternal grandparents and the descendants my husband's maternal and paternal grandparents who are living at the time of my death. At that time, the remaining trust property sha11 vest in and be distributed to the persons entitled to receive mandatory distributions of net income of the trust and in the same proportions. If no bene�ciary is entitled to mandatory distributions of net income, the remaining��trust property sha11 vest in and be distributed to the beneficiaries entitled to receive discretionary distributions of net income of the trust, in equal shares per stirpes. Section 8.07 Representative of a Beneficiary The guardian of the person of a beneficiary may act for such beneficiary for a11 purposes under my will or may receive information on behalf of such beneficiary. Section 8.08 Ancillary Administration In the event ancillary administration sha11 be required or desired and my domiciliary Executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor sha11 have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may either be a natural person or a corporation. My domiciliary Executor may delegate to such ancillary fiduciary such powers granted to my original Executor as my Executor may deem proper, including the right to serve without bond or surety on bond. The net proceeds of the ancillary estate sha11 be paid over to the domiciliary Executor. Article Nine Tax Provisions Section 9.01 Payment of Death Taxes All estate, inheritance and succession t�es payable by reason of my death, whether or not such property passes under my will sha11 be paid as set forth in this Section. Page 9 of 16 (a) Payment from Residue Except as otherwise provided in this Section or elsewhere in my will, my Executor sha11 provide for payment of all such taxes from my residuary estate as an administrative expense without apportionment and sha11 not seek contribution toward or recovery of any such payments from any individual. (b) Protection of the Marital Deduction Notwithstanding anything to the contrary in my will, no such taxes sha11 be paid from or allocated to any property qualifying for the federal estate t� marital deduction under my will unless there is no other property available to pay such taxes. (�) Charitable Distributions Notwithstanding anything in my will to the contrary, no death taxes payable as a result of my death sha11 be allocated to or paid from any assets passing to any organization qualifying for the federal estate tax charitable deduction, unless my Executor has first used a11 other assets available to my Executor. (d) Property Passing Outside of My Will All such ta�ces imposed with respect to property included in my gross estate for purposes of such taxes and passing other than by my will sha11 be apportioned among the persons and entities benefited in the proportion that the taxable value of the property or interest bears to the total taxable value of the property and interests received by a11 persons benefited. The values as finally determined in the respective tax proceedings sha11 be the values used for the apportionment of the respective taxes. Section 9.02 Tax Elections In exe�rcising any permitted elections regarding taxes, my fiduciaries may make such decisions as they deem to be appropriate in all the circumstances and my fiduciaries sha11 be under no duty to make any compensatory adjustment as a consequence of any such election. My Executor may also execute such joint tax returns and pay such taxes or interest and deal with any tax refunds, interest, or credits as it sha11 deem necessary or advisable, whether in the interest of the other joint tax payer or in the interest of my estate. Page 10 of 16 Article Ten Definitions and General Provisions Section 10.01 Definitions For purposes of my will and for the purposes of any trust established under my will, the following definitions sha11 apply: (a) Adopted and Afterborn Persons A legally adopted person in any generation and his or her descendants, including adopted descendants, shall have the same rights and be treated in the same manner under my will as natural children of the adopting parent, provided such person is legally adopted prior to attaining the age of 18 years. A person sha11 be deemed to be legally adopted if the adoption was legal in the jurisdiction in which it occurred at the time that it occurred. (b) Descendants The term "descendants" sha11 include a person's lineal descendants of all generations. (�) Education . The term "education" is intended to be an ascertainable standard in accordance with Section 2041 and Section 2514 of the Internal Revenue Code and sha11 include,but not be limited to: Enrollment at private elementary, junior and senior high school including boarding school; Undergraduate and graduate study in any field at a college or university; Specialized, vocational or professional training or instruction at any institution, including private instruction; and Any other curriculum or activity that my Trustee may deem useful for developing the abilities and interests of a beneficiary including, without limitation, athletic training, musical instruction,theatrical tra.ining,the arts and travel. The term "education" sha11 also include distributions made by my Trustee for expenses such as tuition, room and board, fees, books and supplies, tutoring and transportation and a reasonable allowance for living expenses. Page 11 of I6 (d) Internal Revenue Code References to the "Internal Revenue Code" or to its provisions are to the Internal Revenue Code of 1986, as amended from time to time, and the corresponding Treasury Regulations, if any. References to the "Treasury Regulations," are to the Treasury Regulations under the Internal Revenue Code in effect from time to time. If a particular provision of the Internal Revenue Code is renumbered, or the Internal Revenue Code is superseded by a subsequent federal tax law, any reference shall be deemed to be made to the renumbered provision or to the corresponding provision of the subsequent law, unless to do so would clearly be contrary to my intent as expressed in my will. The same rule sha11 apply to references to the Treasury Regulations. (e) Legal Representative or Personal Representative As used in my will, the term "legal representative" or "personal representative" means a person's guardian, conservator, executor, administrator, Trustee, or any other person or entity personally representing a person or the person's estate. (f) Per Stirpes Whenever a distribution is to be made to a person's descendants per stirpes, the distribution shall be divided into as many shares as there are then living children of such person and deceased children of such person who left then living descendants. Each then living child sha11 receive one share and the share of each deceased child shall be divided among such child's then living descendants in the same manner. (g) Qualified Retirement Pian The term "qualified retirement plan" means a plan qualified under Section 401 of the Internal Revenue Code, an individual retirement arrangement under Section 408 or Section 408A or a tax-sheltered annuity under Section 403. The term "qualified retirement bene�ts" means the amounts held in or distributed pursuant to a plan qualified under Section 401, an individual retirement arrangement under Secti.on 408 or Section 408A, a tax-sheltered annuity under Section 403 or any other benefit subject to the distribution rules of Section 401(a)(9). (h) Shall and May Unless otherwise specifically provided in my will or by the context in which used, I use the word "shall" in my will to command, direct or require, and the word "may" to a11ow or permit, but not require. In the context of my Trustee, when I use the word "may" I intend that my Page 12 of 16 Trustee may act its sole and absolute discretion unless otherwise stated by in my will. (�) Trust The term "trust," shall refer to a11 trusts created under the terms of my will. U) Trustee The term "my Trustee" refers to any person or entity that is from time to time acting as the Trustee. The term "Trustee"refers to singular or plural as the context may require. (k) Trust Property The phrase "trust property" sha11 be construed to mean all property held by my Trustee under my will, including all property that my Trustee may acquire from any source. (�) Other Definitions Except as otherwise provided in my will, terms shall be as defined in the Pennsylvania Probate, Estate and Fiduciaries Code as amended after the date of my will and after my death. Section 10.02 Survivorship Presumption If my husband and I die under circumstances in which the order of our deaths cannot be established, I shall be deemed to have survived my husband. � If any other beneficiary sha11 be living at my death,but die within 30 days thereafter, then such beneficiary sha11 be deemed to have predeceased me for all purposes of my will. Section 10.03 General Provisions The following general provisions and rules of construction sha11 apply to my will: (a) Singular and Plural; Gender Unless the context requires otherwise, words denoting the singular may be construed as plural and words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender as is appropriate within the context. The word "or"when used in a list of more than two items may function as both a conjunction and a disjunction as the contest requires or permits. Page 13 of 16 _ (b) Headings of Articles, Sections, and Subsections The headings of Articles, Sections, and subsections used within my will are included solely for the convenience and reference of the reader. They sha11 have no signif cance in the interpretation or construction of my will. (c) Governing State Law My will sha11 be governed, construed and administered according to the laws of Pennsylvania as from time to time amended. Questions of administration of any trust established under my will sha11 be determined by t1�e laws of the situs of administration of such trust. (d) Notices Unless otherwise stated, whenever my will calls for notice, the notice sha11 be in writing and shall be personally delivered with proof of delivery, or mailed postage prepaid by certified ma.il, return receipt requested, to the last known address of the party requiring notice. Notice sha11 be effective on the date personally delivered or on the date of the return receipt. If a party giving notice does not receive the return receipt but has proof that he or she mailed the notice, notice sha11 be effective on the date it would normally have been received via certified mail. If notice is required to be given to a minor or incapacitated individual, notice shall be given to the parent or legal representative of the minor or incapacitated individual. (e) Severability The invalidity or unenforceability of any provision of my will sha11 not affect the validity or enforceability of any other provision of my will. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of my will shall be interpreted and construed as if any invalid provision had never been included in my will. I, I,ouise P. Sowers, having signed this Will in the presence of�.nw,�, and ��A-RCe�+�-�e ��r?— who attested it at my request on this day, �'�--� a•.� , 2005 at Harrisburg, Pennsylvania, declar� this to be rriy Last Will and Testament. J� / Louise P. Sowers, Testatrix Page 14 of 16 . • . � . The above and foregoing Will of Louise P. Sowers was declared by Louise P. Sowers in our view and presence to be her Will and was signed and subscribed by the said Louise P. Sowers in our view and presence and at her request and in the view and presence of Louise P. Sowers and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of Louise P. Sowers on this day, ��'c� �.�-I ,2005. • residing at � ' � r � 1 f � I� l �/�(/l�`�� /j r "�'"'�� residing at � ��h� �G�,,�_ �°��, r�� 6��. Page 15 of 16 M - • � SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) We,LOUISE P. SOWERS, ��5� E,L-e�;--P,.�-- and ��A'��e we- �� uRs; ,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 the testatrix 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 the testatrix, signed the Will as witness and that to the best of each such witness's knowledge the testatrix was at that time eighteen (18)or more years of age, of sound mind, and under no constraint or undue influence. � .ot� - a�,c�� LOUISE P. SOWERS Witness ��GZ�L,�.4 Witness Subscribed, sworn to and acknowledged before me by LOUISE P. SOWERS, the testatrix, and subscribed and sworn to before me by �.��y, �-. � _� .- and �'��+e�e,ve e. �{Lu,e,r-,- ,witnesses,this � day of !)►fc-,1'1 , 2005. � , otary Public NWE T OF P SYLV�IIVIA Notarial Sea� ��'M.Moya,Notary public P� •,Da�phin County ires�sa.2g,2008 Page 16 of 16 ��""�n��AssocraUon ot rVota�