HomeMy WebLinkAbout05-01-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF C_UMBERLAND_______________ 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: Fay L. Hildebrandt_ _ _ File No: 21_`�__C__-.C��
a/k/a: ---_— ---_______________._____ (Assigned by Register)
a/k/a:
�a: Social Security No:
Date ofDeath: 3/11/14 _____ Age at death: 86
Decedent was domiciled at death in Cumberland _ County, PA ___ (State)with his/her last
principal residence at 5 Ameicana Lane ____. 17093______East Pennsboro Twp. Cumberland__________
Street address,Post Otfice and Zip Code City,Township or Borough County
Decedent died at 102 Chandra._Dr.________ 17020 Penn Twp. ______________. _.__ ______Per�___ PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania................................All personal property $ 500 000.0_0
Ifnot domiciled in Pennsy[vania.............................Personal property in Pennsylvania $
If not domici[ed in Pennsylvania.............................Personal property in County $
Valueof real estate in Pennsy[vania.............................................................. $ 500,000.00
TOTAL ESTIMATED VALUE.... $ _ 1�000 OOO.00
Real estate in Pennsylvania situated at: 5 Americana Lane_____ __ 17093_______East Pennsboro Twp. Cum_berland_______
(Attach addi�iona!sheets,ifnecessary.) Street address,Post Ottice and Zip Code City,Township or Borough County
� A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will ofthe Decedent,dated 1_1/2_4/4L________ and Codicil(s)
theretodated 11/22/2010 - --._._ ._.___--- ------- - - -__ � ..______'__
C'� .�—+ ..�., i�
----- __---- — --- ----___ __ _____ ���
State relevant circumstances(e.g.renunciation,deatlt of executor,etc.) �p F'Yg �
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Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorcpd��r`ei,a par�yCto a pCrtdi�ig
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did=nbt 1-�t�av�"a'child bom or � ``;
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �'= �'" F—+ �„�;�
�n -
� NO EXCEPTIONS ❑ EXCEPTIONS ___—___ �-' v ��` ` '
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❑ B. Petition for Grant of Letters of Administration(If app�icab�e)— .___ � � � �?
---__ -----_ ----
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante ntia,durante mir�iixit��
"C1 p
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete�'i`st 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.
❑ NO EXCEPTIONS ❑EXCEPTIONS ____________._..__._..._____—____.__— —. ___-_
Petitioner(s),afrer a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heir�attach
additronal sheets,if necessaryJ:
Name � Relationship � Address I
---- _. ----- - -- — _._ _--_ _-- - -- -- - -- -- -1
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� FormRW-02 rev.10.�11i2011 Page 1 Of2
Oath of Personal Representative I ofs��a�use oniY
I
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
7 Americana Lane. P.O.Box 150
Cath Hildebrandt Mabius Summerdale PA 17093
�" -- ---- - I
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The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law.
Sworn to o�affirmed an ubscribed before � ' ����L�2 ,��(/��_ _
/� _-- -- — --_ Date --
me t -�-- a o
By:������. _ , ���n -- -.._. ____------ ---- --- Date
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For the Register Date o—_ —A ,
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BOND Required: ❑ YES NO To the Register of Wills: � � n � �� �
FEES: Please enter my appearance by my signal�re?b�t � f„rc� �',,�
-- - -
Letters. ...... . . . . . . . . . . ... . . . $ �L` � �Attorney Signature: � �� ''` � •� `z
( � )Short Certificates(s) . . . . . . ___ ��_��-�'_ � �-� p ...�,� � .- �
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( )Renunciation(s) . . . . .... . . � o �-- °�-- �''
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( )Codicil(s) . .. . ... . . . ... . I _--- ----------..._..-- -----------.�--°E---._.--- -----�-�.
( )Affidavit(s)..... . . . . .. . . --. i D � '*1
Bond Printed Name: Ivo V Otto III
.... ..... . . .. . . . . . .. . . . .. --- � -
Commission ... . ...... . . . .... . . . , Supreme Court „�I
Other i IDNumber: .- ---------___-------- ---------
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--- ' ' ' ' ' ' ' ' ' - � � " Firm Name: Martson Law Offices �
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� �- - �. � Address: 10 East_High Street ____ __ I
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. . . .. . . . . -------- �I
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— ----------. . . .. . . . . Phone: 717�243-3341
. . . . . .. . . r L , Fax: �717�243-1850----- — --- ------
Automation Fee . . . . . . . ... . . .... . —__ ��____— Ema�l: totto(c�martsonlaw.com I
JCS Fee .. ..... . . . . . . . ... . . .... —��_� '
TOTAL .. ..... . . . . . . . ... . . ...$ �I��i'�5L'
DECREE OF THE REGISTER
Estate of F�L.Hildebrandt ____,____._________ __ _ File No: 21`��` �����'
a/k/a:
AND NOW, _ � �� __—___—_— — ,'��� /�_ , in consideration of the foregoing Petition,
satisfactory proof having been p nted befor e,IT IS DECREED that Letters Testamentary _ __
are hereby ranted to Cathv Hildebrandt Mabius _ ____ ____
in the above estate and(if applicable)that
the instrument(s)dated 11/20/2007 and 11/22/2010
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
�� �� �� ��7 �.��;
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Register of Wills � r, ��,
Fnrm RW-02 rev.IOiI 1i201/ �
Page of 2 �
Continuation of Petition for Grant of Letters
Fay L.Hildebrandt 202-20-5072
Decedent Name Page 1 Social Security Number
Real Estate in PA
Radam Street Vacant Lot ___ __.____17020 East Pennsboro Twp. Cumberland _
5treet address,Post Office and Zip Code City,Township or Borough County
1394 Peach Rid�e Rd. ___ 17024 Saville Twp. ______ Perr __
Street address,Post O�ce and Zip Code City,Township or Borough County
a . ' � �
Last Will and Testament
of
Fay L. Hildebrandt
I, Fay L. Hildebrandt, a resident of Summerdale, Cumberland County,
Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my
Last Will and Testament.
Article One
Family Information
I have one child, Cathy Hildebrandt Mabius, born on May 26, 1960.
All references in this agreement to "my children" are references to my daughte�,
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References to "my descendants" are to my Daughter and her descer��ts. � � r`�'�
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Article Two =y "' � �
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Specific and General Gifts � ° �� � �: �;
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Section 2.01 Specific Distribution to Priscilla Wagner Allandar
,
As soon as practicable after my death, I give the sum of $20,000 to Priscilla Wagner
Allandar.
If Priscilla Wagner Allandar should predecease me, this distribution shall lapse and the
property subject to this distribution shall instead be distributed under the other provisions
of my will.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.02 Specific Distribution to Ronald K. Moore
As soon as practicable after my death, I give the sum of$10,000 to Ronald K. Moore.
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If Ronald K. Moore should predecease me, this distribution shall lapse and the property
subject to this distribution shall instead be distributed under the other provisions of my
will.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.03 Specific Distribution to Beverly Moore Edwards
As soon as practicable after my death, I give the sum of $10,000 to Beverly Moore
Edwards.
If Beverly Moore Edwards should predecease me, this distribution shall lapse and the
property subject to this distribution shall instead be distributed under the other provisions
of my will.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.04 Specific Distribution to Debbie L. Moore
As soon as practicable after my death, I give the sum of$10,000 to Debbie L. Moore.
If Debbie L. Moore should predecease me, this distribution shall lapse and the property
subject to this distribution shall instead be distributed under the other provisions of my
will.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.05 Speci�c Distribution to Dennis G. Wagner
As soon as practicable after my death, I give the sum of$10,000 to Dennis G. Wagner.
If Dennis G. Wagner should predecease me, this distribution shall lapse and the property
subject to this distribution shall instead be distributed under the other provisions of my
will.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.06 Specific Distribution to David J. Wagner
As soon as practicable after my death, I give the sum of$10,000 to David J. Wagner.
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If David J. Wagner should predecease me, this distribution shall lapse and the property
subject to this distribution shall instead be distributed under the other provisions of my
will.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.07 Specific Distribution to Susan Moore Volovic
As soon as practicable after my death, I give the sum of $10,000 to Susan Moore
Volovic.
If Susan Moore Volovic should predecease me, this distribution shall lapse and the
property subject to this distribution shall instead be distributed under the other provisions
of my will.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.08 Specific Distribution to Glenn S. Wagner
As soon as practicable after my death, I give the sum of$10,000 to Glenn S. Wagner.
If Glenn S. Wagner should predecease me, this distribution shall lapse and the property
subject to this distribution shall instead be distributed under the other provisions of my
will.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.09 Specific Distribution to Paul E. Wagner
As soon as practicable after my death, I give the sum of$10,000 to Paul E. Wagner.
If Paul E. Wagner should predecease me, this distribution shall lapse and the property
subject to this distribution shall instead be distributed under the other provisions of my
will.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.10 Disposition of Tangible Personal Property
I give all my tangible personal property, together with any insurance policies covering
such property and claims under such policies in accordance with a "Memorandum for
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Distribution of Personal Property" or other similar writing directing the disposition of
such property, which shall be dated and signed by me.
Should I leave multiple written memoranda that conflict as to the disposition of any item
of tangible personal property, the memorandum with the most recent date shall control as
to those items that are in conflict.
If the memorandum with the most recent date conflicts with a provision of this Will as to
the specific distribution of any item of tangible personal property, the provisions of this
Will shall control as to those items that are in conflict.
I intend that the writing qualify to distribute my tangible personal property under
applicable state law.
Section 2.11 Contingent Distribution of Tangible Personal Property
I give any tangible personal property not disposed of by a written memorandum to Cathy
Hildebrandt Mabius if she survives me. If she does not survive me, I give the property to
Wilhelm H. Mabius. If he does not survive me, the property shall become part of my
residuary estate.
My Personal Representative shall incur no liability to any party for any decision made by
my Personal Representative with respect to either the division or sale of my tangible
personal property, and any decision made by my Personal Representative shall be final
and binding on all of my beneficiaries.
Section 2.12 Definition of Tangible Personal Property
For purposes of this Article, my tangible personal property shall 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 2.13 Encumbrances and Incidental Expenses of Tangible
Personal Property
My Personal Representative shall distribute property under this Article subject to liens,
security interests or other encumbrances on the property.
My Personal Representative shall pay, as an administration expense, the reasonable
expenses of storing, packing, insuring, transporting and otherwise caring for my tangible
personal property until actual delivery of each article of property to the appropriate
beneficiary.
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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 Cathy Hildebrandt Mabius. If Cathy Hildebrandt Mabius is
deceased, I give my residuary estate to Wilhelm H. Mabius. If Wilhelm H. Mabius is
deceased, I give my residuary estate to Priscilla Wagner Allandar. If Priscilla Wagner
Allandar is deceased, my Personal Representative shall distribute my residuary estate as
provided in Article Four entitled "Remote Contingent Distribution."
Article Four
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 the failure of qualified recipients has
occurred shall be distributed to New Bolton Center at the University of Pennsylvania for
Equine Care of Family-Owned Horses.
Article Five
Designation of Personal Representative
Section 5.01 Personal Representative
I name Cathy Hildebrandt Mabius as my Personal Representative. If Cathy Hildebrandt
Mabius fails or ceases to act as my Personal Representative, I name Wilhelm H. Mabius
as my Personal Representative.
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Article Six
General Administrative Provisions
The provisions of this Article apply to my probate estate.
Section 6.01 No Bond
No Fiduciary shall be required to furnish any bond for the faithful performance of the
Fiduciary's duties. If a bond is required by any law or rule of court, no surety shall be
required on such bond.
Section 6.02 Fiduciary Compensation
An individual serving as my Fiduciary shall be entitled to fair and reasonable
compensation for the services rendered as a fiduciary. A corporate fiduciary shall be
compensated by agreement with an individual Fiduciary or, in the absence of an
individual Fiduciary or in the absence of an agreement, in accordance with the corporate
fiduciary's published schedule of fees in effect at the time the services are rendered.
My Fiduciary may charge additional fees for services it provides that are not comprised
within its duties as my Fiduciary such as fees for legal services, tax return preparation
and corporate finance or investment banking services.
In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable
costs and expenses incurred in carrying out its duties under my will.
Section 6.03 Employment of Professionals
My Fiduciary may appoint, employ and remove, at any time and from time to time,
investment advisors, accountants, auditors, depositories, custodians, brokers, consultants,
attorneys, expert advisers, agents, and employees to advise or assist the Fiduciary in the
performance of its duties. My Fiduciary may act upon the recommendations of the
persons or entities employed with or without independent investigation.
My Fiduciary may reasonably compensate an individual or entity employed to assist or
advise my Fiduciary regardless of whether the person or entity shall be a fiduciary under
my will or a corporate affiliate of a fiduciary and regardless of whether the entity shall be
one in which a fiduciary is a partner, member, stockholder, officer, director or corporate
affiliate or has any other interest.
My Fiduciary may pay the usual compensation for services contracted for under this
Section out of principal or income of the trust as my Fiduciary may deem advisable. My
Fiduciary may pay compensation to an individual or entity employed to assist or advise
my Fiduciary without diminution of or charging the same against the compensation to
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which the fiduciary is entitled under my will. Any fiduciary who shall be a partner,
stockholder, officer, director or corporate affiliate in any entity employed to assist or
advise my Fiduciary shall nonetheless receive the fiduciary's share of the compensation
paid to the entity.
Section 6.04 Determination of Principal and Income
The Pennsylvania Uniform Principal and Income Act shall govern beneficiaries' rights
among themselves in matters concerning principal and income. If the Pennsylvania
Uniform Principal and Income Act contains no provision concerning a particular item,
my Fiduciary shall determine in a fair, equitable and practical manner what shall be
credited, charged, and apportioned between principal and income.
Section 6.05 Distributions to Incapacitated Persons and Persons Under
Twenty-Five Years of Age
If my Personal Representative is directed to distribute any share of my probate estate to
any beneficiary who is under the age of 25 years or is in the opinion of my Personal
Representative, under any form of incapacity that renders such beneficiary unable to
administer distributions properly when the distribution is to be made, my Personal
Representative may, as Trustee, in my Personal Representative's discretion, continue to
hold such beneficiary's share as a separate trust until the beneficiary reaches the age of
25 or overcomes the incapacity. My Personal Representative shall then distribute such
beneficiary's trust to him or her.
While any trust is being held under this Section, the Trustee shall pay to the beneficiary
for whom the trust is held such amounts of the net income and principal as the fiduciary
determines to be necessary or advisable for the beneficiary's health, education,
maintenance and support.
Upon the death of the beneficiary before that time, the Trustee shall distribute the trust,
including any accrued and undistributed income, to the beneficiary's then living
descendants,per stirpes, or, if none, to my then living descendants,per stirpes. If I have
no then living descendants the property shall be distributed under the provisions of
Article Four entitled"Remote Contingent Distribution."
Section 6.06 Representative of a Beneficiary
The guardian of the person of a beneficiary may act for such beneficiary for all purposes
under my will or may receive information on behalf of such beneficiary.
Section 6.07 Distributions to Beneficiaries
Whenever my will authorizes or directs my Fiduciary to make a distribution of net
income or principal to a beneficiary, my Fiduciary may apply for the benefit of the
beneficiary any property that otherwise could be distributed directly to the beneficiary.
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, My Fiduciary shall have no responsibility to inquire into the beneficiary's ultimate
disposition of the distributed property unless specifically directed otherwise by my will.
My Fiduciary may make distributions in cash or in kind, or partly in each, in proportions
and at values determined by my Fiduciary. My Fiduciary may allocate undivided
interests in specific assets to a beneficiary or trust in any proportion or manner that my
Fiduciary determines, even though the property allocated to one beneficiary may be
different from that allocated to another beneficiary.
My Fiduciary may make these determinations without regard to the income tax attributes
of the property and without the consent of any beneficiary.
Section 6.08 Ancillary Administration
In the event ancillary administration shall be required or desired and my domiciliary
Personal Representative is unable or unwilling to act as an ancillary fiduciary, my
domiciliary Personal Representative shall have the power to designate, compensate, and
remove the ancillary fiduciary. The ancillary fiduciary may be either a natural person or
a corporation. My domiciliary Personal Representative may delegate to such ancillary
fiduciary such powers granted to my original Personal Representative as my Personal
Representative may deem proper, including the right to serve without bond or surety on
bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary
Personal Representative.
Section 6.09 Delegation of Authority; Power of Attorney
Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right
to exercise any power, including a discretionary power, granted the Fiduciary in my will.
During the time a delegation under this Section is in effect, the Fiduciary to whom the
delegation was made may exercise the power to the same extent as if the delegating
Fiduciary had personally joined in the exercise of the power. The delegating Fiduciary
may revoke the delegation at any time by giving written notice to the Fiduciary to whom
the power was delegated.
The Fiduciary may execute and deliver a revocable or irrevocable power of attorney
appointing any individual or corporation to transact any and all business on behalf of the
trust. The power of attorney may grant to the attorney-in-fact all of the rights, powers,
and discretion that the Fiduciary could have exercised.
Section 6.10 Merger of Corporate Fiduciary
If any corporate fiduciary acting as my Fiduciary under my will is merged with or
transfers substantially all of its trust assets to another corporation or if a corporate
fiduciary changes its name, the successor shall automatically succeed to the position of
my Fiduciary as if originally named my Fiduciary. No document of acceptance of the
position of my Fiduciary shall be required.
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Article Seven
Powers of My Fiduciaries
Section 7.01 General Grant of Powers
My Fiduciary may perform every act reasonably necessary to administer my estate and
any trust. My Fiduciary may execute and deliver any and all instruments in writing,
which my Fiduciary considers necessary to carry out any of the powers granted under my
will.
Section 7.02 Investment Powers in General
My Fiduciary may invest in any type of investment that my Fiduciary determines is
consistent with the investment goals of my estate or any trust, whether inside or outside
the geographic borders of the United States of America and its possessions or territories,
taking into account the trust's overall investment portfolio.
Without limiting my Fiduciary's investment authority in any way, I request that my
Fiduciary exercise reasonable care and skill in selecting and retaining investments. I also
request that my Fiduciary take into account the following factors in choosing investments
for my estate or any trust:
The potential return from the investment, both in the form of income and
appreciation;
The potential income tax consequences of the investment;
The investment's potential for volatility; and
The role the investment will play in my estate or the trust's portfolio.
I request that my Trustee, in arranging the investment portfolio of any trust, also consider
the possible effects of inflation or deflation, changes in global and U.S. economic
conditions,transaction expenses, and the trust's need for liquidity.
My Fiduciary may delegate its discretion to manage investments to any registered
investment adviser or corporate fiduciary.
Section 7.03 Banking Powers
My Fiduciary may establish bank accounts of any type in one or more banking
institutions that my Fiduciary may choose. My Fiduciary may open accounts in the name
of my Fiduciary (with or without disclosing fiduciary capacity) or in the name of my
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estate ar the trust. When an account is in the name of my estate or the trust, checks on
that account and authorized signatures need not disclose the fiduciary nature of the
account ar refer to my estate, any trust or Fiduciary.
An account from which my Fiduciary makes frequent disbursements need not be an
interest bearing account. My Fiduciary may authorize withdrawals from an account by
check, draft or other instrument or in any other manner.
Section 7.04 Contract Powers
My Fiduciary may sell at public or private sale, transfer, exchange for other property, and
otherwise dispose any property contained in my probate estate or any trust for
consideration and upon terms and conditions that my Fiduciary deems advisable. My
Fiduciary may grant options of any duration for any such sales, exchanges, or transfers of
trust property.
My Fiduciary may enter into contracts, and may deliver deeds or other instruments, as my
Fiduciary deems appropriate.
Section 7.05 Common Investments
For purposes of convenience with regard to the administration and investment of any
trust, my Trustee may invest part or all of the property jointly with trust property of other
trusts for which my Trustee is also serving as a Trustee. For this purpose, a corporate
fiduciary acting as my Trustee may use common funds for investment.
When trust property is managed and invested in this manner, my Trustee shall maintain
records that sufficiently identify that portion of the jointly invested assets that constitute
the property of the trust.
Section 7.06 Environmental Powers
My Fiduciary shall have the right to inspect property held directly or indirectly by my
probate estate or any trust to determine compliance with or to respond to any
environmental law affecting the property. "Environmental law" shall mean any federal,
state, or local law, rule, regulation, or ordinance relating to protection of the environment
or of human health.
My Fiduciary may refuse to accept additional property if my Fiduciary determines that
the property is or may be contaminated by any hazardous substance or is or was used for
any purpose involving hazardous substances that could create liability to my estate, any
trust or to my Fiduciary.
My Fiduciary may use the income and principal of my probate estate or a trust to (i)
conduct environmental assessments, audits or site monitoring; (ii) take remedial action to
contain, clean up or remove any hazardous substance including a spill, discharge or
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contamination; (iii) institute, contest or_ settle legal proceedings brought by a private
litigant or any local, state, or federal agency concerned with environmental compliance;
(iv) comply with any order issued by any court or by any local, state, or federal agency
directing an assessment, abatement or clean-up of any hazardous substance; and (v)
employ agents, consultants and legal counsel to assist my Fiduciary in these actions.
My Fiduciary shall not be liable for any loss or reduction in value sustained by my
probate estate or a trust as a result of my Fiduciary's retention of property on which
hazardous materials or substances requiring remedial action are discovered unless my
Fiduciary contributed to the resulting loss or reduction in value through willful
misconduct or gross negligence.
My Fiduciary shall not be liable to any beneficiary or to any other party for any decrease
in the value of probate or trust property as a result of my Fiduciary's compliance with any
environmental law, including any reporting requirement.
My Fiduciary may release, relinquish or disclaim any power held by my Fiduciary that
my Fiduciary determines may cause my Fiduciary to incur individual liability under any
environmental law.
Section 7.07 Farm, Ranch and Other Agricultural Powers
With respect to any operating farm or ranch contained in my probate estate or any trust
my Fiduciary may:
Retain, acquire, and sell the farm or ranch, whether as a sole
proprietorship, partnership, or corporation.
Engage in the production, harvesting, and marketing of farm and ranch
products either by operating directly or with management agencies, hired
labor,tenants, or sharecroppers.
Engage and participate in any government farm program, whether state or
federally sponsored.
Purchase or rent machinery, equipment, livestock, poultry, feed, and seed.
Improve and repair all farm and ranch properties; construct buildings,
fences, and drainage facilities, and acquire, retain, improve, and dispose of
wells, water rights, ditch rights, and priorities of any nature.
May do all things I could have done if living to operate the farm or ranch
operation to preserve its value for the benefit of the beneficiaries.
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Section 7.08 Litigation and Settiement Powers
My Fiduciary, in its discretion and at the expense of my probate estate or the trust, may
institute,join, compromise, settle dismiss and defend any probate or trust property in any
judicial or administrative proceeding. This shall include specifically, but not limited to
proceedings or class actions brought against any public entity or government agency or
brought by any such entity for attachment, recoupment, levy, invasion, reformation, or
access of any kind to property of my probate estate or a trust. My Fiduciary is authorized
to retain such legal counsel and ancillary personnel, as my Fiduciary deems appropriate
in the exercise of its discretion.
Section 7.09 Loans and Borrowing Powers
My Fiduciary may make secured or unsecured loans to any person (including a
beneficiary), entity, trust or estate, for any term or payable on demand, with or without
interest. My Fiduciary may enter into or modify the terms of any mortgage or security
agreement granted in connection with any loan and may release or foreclose on the
mortgage or security.
My Fiduciary may borrow money at interest rates and on other terms that it deems
advisable from any person, institution or other source including, in the case of a corporate
fiduciary, its own banking or commercial lending department.
My Fiduciary may encumber estate and trust property by mortgages, pledges and other
hypothecation and shall have the power to enter into any mortgage, whether as a
mortgagee or mortgagor even though the term may extend beyond the termination of the
trust and beyond the period that is required for an interest created under my will to vest in
order to be valid under the rule against perpetuities.
My Fiduciary may purchase, sell at public or private sale, trade, renew, modify, and
extend mortgages. My Fiduciary may accept deeds in lieu of foreclosure.
Section 7.10 Nominee Powers
My Fiduciary may hold real estate, securities and any other estate or trust property in the
name of a nominee or in any other form without disclosing the existence of my estate, the
trust or fiduciary capacity.
Section 7.11 Payment of Taxes and Expenses
Except as otherwise provided in my will, my Fiduciary is authorized to pay all property
taxes, assessments, fees, charges, and other expenses incurred in the administration or
protection of my estate or any trust. All payments shall be a charge against estate or the
trust, as the case may be, and shall be paid out of income and to the extent that income is
insufficient, then out of principal. The determination of my Fiduciary with respect to the
payment of expenses shall be conclusive upon the beneficiaries.
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Section 7.12 Qualified Real Property Valuation
My Trustee, other than an Interested Trustee, shall have the power to amend the terms of
a trust holding "qualified real property" as defined in Section 2032A of the Internal
Revenue Code, in order to permit the qualified real property to qualify or continue to
qualify for special use valuation permitted under Section 2032A, even if the amendment
changes beneficial interests and that directs the segregation of trust property into more
than one trust.
Section 7.13 Real Estate Powers
My Fiduciary may sell at public or private sale, purchase, exchange, lease for any period,
mortgage, manage, alter, improve and in general deal in and with real property in such
manner and on such terms and conditions as my Fiduciary deems appropriate.
My Fiduciary may grant or release easements in or over, subdivide, partition, develop,
raze improvements, and abandon, any real property.
My Fiduciary may manage real estate in any manner that my Fiduciary deems best and
shall have all other real estate powers necessary for this purpose.
My Fiduciary may enter into contracts to sell real estate. My Fiduciary may enter into
leases and grant options to lease trust property even though the term of the agreement
extends beyond the termination of a trust and beyond the period that is required for an
interest created under my will to vest in order to be valid under the rule against
perpetuities. For such purposes, my Fiduciary may enter into any contracts, covenants
and warranty agreements that my Fiduciary deems appropriate.
Section 7.14 Retention and Abandonment of Trust Property
My Fiduciary may retain, without liability for depreciation or loss resulting from
retention, any property contained my estate or any trust at the time of its creation or as the
result of the exercise of a stock option. My Fiduciary may retain property,
notwithstanding the fact that the property may not be of the character prescribed by law
for the investment of assets held by a fiduciary, and notwithstanding the fact that
retention may result in inadequate diversification under any applicable Prudent Investor
Act or other applicable law.
My Fiduciary may hold property that is non-income producing or is otherwise
nonproductive if holding the property is, in the sole and absolute discretion of my
Fiduciary, in the best interests of the beneficiaries. My Fiduciary is permitted to retain a
reasonable amount in cash or money market accounts in order to pay anticipated
expenses and other costs and to provide for anticipated distributions to or for the benefit
of a beneficiary.
My Fiduciary may abandon any trust property that my Fiduciary deems to be of
insignificant value.
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Section 7.15 Securities, Brokerage and Margin Powers
My Fiduciary may buy, sell, trade and otherwise deal in stocks, bonds, investment
companies, mutual funds, common trust funds, commodities, options and other securities
of any kind and in any amount, including short sales. My Fiduciary may write and
purchase call or put options, and other derivative securities. My Fiduciary may maintain
margin accounts with brokerage firms and may pledge securities to secure loans and
advances made to my Fiduciary or to or for the benefit of a beneficiary.
My Fiduciary may place all or any part of the securities held by my estate or a trust in the
custody of a bank or trust company. My Fiduciary may have all securities registered in
the name of the bank or trust company or in the name of its nominee. My Fiduciary may
appoint the bank or trust company as the agent or attorney in fact to collect, receive,
receipt for and disburse any income and generally to perform the duties and services
incident to a custodian of accounts.
My Fiduciary may employ a broker-dealer as a custodian for securities held by my estate
or the trust and may register the securities in the name of the broker-dealer or in the name
of a nominee with or without the addition of words indicating that the securities are held
in a fiduciary capacity. My Fiduciary may hold securities in bearer or uncertificated form
and may use a central depository, clearing agency or book-entry system, such as The
Depository Trust Company, Euroclear or the Federal Reserve Bank of New York.
My Fiduciary may participate in any reorganization, recapitalization, merger or similar
transaction. My Fiduciary may exercise or sell conversion or subscription rights for
securities of all kinds and description.
My Fiduciary may give proxies or powers of attorney that may be discretionary and with
or without powers of substitution. My Fiduciary may vote or refrain from voting as to
any matter.
Section 7.16 Tangible Personal Property and Residences
My Fiduciary may acquire, maintain and invest in articles of tangible personal property,
whether or not the property is income producing, and may pay the expenses of the repair
and maintenance of the property.
My Fiduciary shall have no duty to convert the property referred to in this Section to
productive property except as required by other provisions of my will.
My Fiduciary shall have no liability for any depreciation or loss as a result of the
retention of any property retained or acquired under the authority of this Section.
My Trustee may acquire, maintain and invest in any residence for the use and benefit of
the beneficiaries of the trust, whether or not the residence is income producing and
without regard to the proportion that the value of the residence may bear to the total value
of the trust property and even if retaining the residence involves financial risks that
Page 14
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trustees would not ordinarily incur. My Trustee may pay or make arrangements far
others to pay all carrying costs of the residence, including, but not limited to, taxes,
assessments, insurance, expenses of maintaining the residence in suitable repair, and
other expenses relating to the operation of the residence for the benefit of the
beneficiaries.
My Trustee may permit any income beneficiary of the trust to occupy any real property
or use any personal property owned by the trust on terms or arrangements that my
Trustee may determine, including rent free or in consideration for the payment of taxes,
insurance, maintenance, repairs, or other charges.
Section 7.17 Power of Personal Representative to Disclaim and to
Distribute Directly to a Beneficiary
If such disclaimer can be treated as a Qualified Disclaimer, I give my Personal
Representative the power to disclaim any interest, in whole or in part, which my estate
may acquire (including an interest in any other estate, trust, insurance proceeds, annuity,
contract or pension plan) for any purpose (including overall reduction in death taxes) and
without regard to whether such disclaimed property will pass to the same persons, at the
same time or in the same manner as if there had been no disclaimer.
If at my death, the terms of a trust created under my will provide that property is to be
distributed outright to a beneficiary, my Personal Representative may make the
distribution to the beneficiary without the intervention of my Trustee.
Section 7.18 Fiduciaries' Powers Act
In addition to all of the above powers, my fiduciaries may, without prior authority from
any court, exercise all powers conferred by my will or by common law or by the
Pennsylvania Probate, Estates and Fiduciaries Code or other statute of the
Commonwealth of Pennsylvania or any other jurisdiction whose law applies to my will.
My Personal Representative shall have absolute discretion in exercising these powers.
Except as specifically limited by my will, these powers shall extend to all property held
by my fiduciaries until the actual distribution of the property.
Section 7.19 Alternative Distribution Methods
My Fiduciary may make any payment provided for 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
Page 15
., , , , , � , , , ,�
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 shall fully discharge my
Fiduciary.
Article Eight
Provisions for Payment of Debts, Expenses and Taxes
Section 8.01 Payment of Debts and Expenses
I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as
practicable after my death.
Section 8.02 No Apportionment
Except as otherwise provided in this Article or elsewhere in my will, my Personal
Representative shall provide for payment of all estate, inheritance and succession taxes
payable by reason of my death ("death taxes") from my residuary estate as an
administrative expense without apportionment and shall not seek contribution toward or
recovery of any death tax payments from any individual.
Section 8.03 Property Passing Outside of My Will
Except as to Qualified Retirement Benefits, death taxes imposed with respect to property
included in my gross estate for purposes of computing the tax and passing other than by
my will shall 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 all persons benefited. The values as finally determined
in the respective tax proceedings shall be the values used for the apportionment of the
respective taxes.
Section 8.04 Tax Elections
In exercising any permitted elections regarding taxes, my fiduciaries may make such
decisions as they deem to be appropriate in all the circumstances and my fiduciaries shall
be under no duty to make any compensatory adjustment as a consequence of any such
election. My Personal Representative may also pay such taxes ar interest and deal with
any tax refunds, interest, or credits as it shall deem necessary or advisable in the interest
of my estate.
Page 16
, � � ,/ � � . � � � � .
Article Nine
Definitions and General Provisions
Section 9.01 Definitions
For purposes of my will and for the purposes of any trust established under my will, the
following definitions shall 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 shall 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 shall 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" shall include a person's lineal descendants of all
generations.
(c) Fiduciary
My "Fiduciary" or "Fiduciaries" shall refer to my Personal Representative
and my Trustee, or if they are different persons, either of them. My
"Personal Representative" shall include any executor, ancillary executor,
administrator, or ancillary administrator, whether local or foreign and
whether of all or part of my estate, multiple Personal Representatives, and
their successors.
(d) Legal Representative
As used in my will, the term "legal representative" means a person's
guardian, conservator, personal representative, executor, administrator,
Trustee, or any other person or entity personally representing a person or
the person's estate.
(e) 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 shall receive one
Page 17
. . ' ,i < r � � � � � t�
share and the share of each deceased child shall be divided among such
child's then living descendants in the same manner.
(fl 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 allow or permit, but not require. In the
context of my Trustee, when I use the word "may" I intend that my
Trustee may act in its sole and absolute discretion unless otherwise stated
in my will.
(g) Trust
The term "trust," shall refer to any trusts created under the terms of my
will.
(h) Trustee
The term "my Trustee" refers to any person or entity that is from time to
time acting as the Trustee and shall include each Trustee individually,
multiple Trustees, and their successars.
(i) Other Definitions
Except as otherwise provided in my will, terms shall be as defined in the
Pennsylvania Probate, Estates and Fiduciaries Code as amended after the
date of my will and after my death.
Section 9.02 Contest Provision
If, after receiving a copy of this Section, any person shall, in any manner, directly or
indirectly, attempt to contest or oppose the validity of my will, (including any codicil to
my will), or commences, continues or prosecutes any legal proceedings to set my will
aside, then such person shall forfeit his or her share, cease to have any right or interest in
my estate, and shall, for purposes of my will be deemed to have predeceased me.
This Section shall not apply so as to cause a forfeiture of any distribution otherwise
qualifying for the federal estate tax charitable deduction.
Section 9.03 Survivorship Presumption
If any beneficiary shall be living at my death, but die within 30 days thereafter, then such
beneficiary shall be deemed to have predeceased me for all purposes of my will.
Page 18
. �. . .� � ► � � � w i 1.
Section 9.04 General Provisions
The following general provisions and rules of construction shall 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 context requires or permits.
(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
shall have no significance in the interpretation or construction of my will.
(c) Governing State Law
My will shall be governed, construed and administered according to the
laws of the Commonwealth of Pennsylvania as from time to time
amended. Questions of administration of any trust established under my
will shall be determined by the laws of the situs of administration of such
trust.
(d) Notices
Unless otherwise stated, whenever my will calls for notice, the notice shall
be in writing and shall be personally delivered with proof of delivery, or
mailed postage prepaid by certified mail, return receipt requested, to the
last known address of the party requiring notice. Notice shall 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 shall 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 shall 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.
Page 19
. k.� ,i � . � � �� M � `.
I, Fay L. Hildebrandt, having signed this Will in the presence of
S���,r, �,��,p_,e�c- and�i5�* ���'�O��% who attested it at my
request on this day, ��.,,,^,� � , 2007 at Harrisburg, Pennsylvania, declare
this to be my Last Will and Testament.
� ��;������
Fay L. Hildebrandt, Testatrix
Page 20
« S �� .� • 1�+� � � i
•� `�
The above and foregoing Will of Fay L. Hildebrandt was declared by Fay L. Hildebrandt
in our view and presence to be her Will and was signed and subscribed by the said Fay L.
Hildebrandt in our view and presence and at her request and in the view and presence of
Fay L. Hildebrandt and in the view and presence of each other, we, the undersigned,
witnessed and attested the due execution of the Will of Fay L. Hildebrandt on this day,
��„�+�n^,��1 � , 2007.
� -
lXl-� ,
��J �3� esiding at � �,F 3� 4y�,,,��, �_
� - ,
�'� ( � � ,�
� � /�I
��s�%��KT-' residing at ��o(�O �1.T". ��ec�c i Z..� ��cQ
�-{c9ui L� Sv y . F�� � ^7 �S�
PENNSYLVANIA SELF PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF DAUPHIN )
I, Fay L. Hildebrandt, the testatrix 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 that I signed it willingly and as
my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by Fay L. Hildebrandt, the testatrix,
this day, �J�w��-t✓ � , 2007.
1� I a al `° ,Q�- '����
� ,�� �� �°�::��
��� �J� � a��%� Fay L. ildebrandt, Testatrix
,
Notar Pu lic '
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jacqueline M.Mindecic,Notary Public
Lower Paxton Twp.,Dauphin Courriy
My Commission E�ires Oct.25,2010
Page 21 Member,Pennsylvania Association of Notaries
- 4 .• ..� � . . � �• � .�. ��
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF DAUPHIN )
We,��„� �, `.;a.��erand �n5 �ob�t�o�►/ , the witnesses whose names are
signed to the attached or foregoing instrument, being duly qualified according to law, do
depose and say that we were present and saw the testatrix sign and execute the instrument
as her Last Will; that the testatrix signed willingly and executed it as her free and
voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the testatrix signed the will as a witness; and that to the best of our
knowledge the testatrix was at that time 18 or more years of age, of sound mind, and
under no constraint or undue influence.
t -� �--� ,
Witness
Witness
Notar ublic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jacqueline M.Mindedc,Notary Public
Lower Paxton Twp.,Dauphin CouMy
My Commission E�ires Oct.25,2010
Member,Pennsylvania Assoctation of Notaries
Page 22
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OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of FAY L.HILDEBRANDT , Deceased
CATHY HILDEBRANDT MABNS and WILHELM H. MABNS �
(each)being duly qualified according to law, depose(s) and says(s)that she/he/they was/were well-
acquainted with FAY L.HILDEBRANDT and am/are familiar
with the handwriting and signature of the decedent, and that the signature of FAY L.HILDEBRANDT
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of 11/22/2010
FAY L.HILDEBRANDT is in his/her own proper handwriting.
1 �"U�
( ignatur) (Srgnature)
7 Americana Lane P.O.Box 150 7 Americana Lane P.O.Box 150
(Street Address) (Street Address)
Summerdale PA 17093 Summerdate PA 17093
(City,Stade,ZiP) (Ciry,State,ZiPJ . "��,
c� s �1 r�r+
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C � � � Q
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�-r� � C� _....} C�
Executed in Register's Office :.� �. � µ�Ay, ,`
��` ;�� ��, �-' ,
Sworn to or affirmed d subscribed �: ��`�'- :�� :.:.� `i
�=;a � �, � '1 -�
before me this � _day � �' �'► � `�'.r. �
o �= �,,� r rn
of �'� , 2014 , � � � � o
� s
, I� �`�
�, � 1 �
�
Deputy for Register o ills
Form RW-04 rev. 10.13.06
�� . . --,
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
�
��
., �
No. 2014- 00426 PA No. 21- 14- 0426
Estate Of: FAYL HILDEBRANDT
(First,Middle,Lasrl
La te Of: EAST PENNSBORO TOWNSH/P .
CUMBERLAND COUNTY
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Deceased � �
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F WHEREAS, on the 5th day of May 2014 instruments dated�� ' � ��� �,
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November 20th 2007 November 22nd 2010 `�r� a�i t�A�c�`r�'
to probate as the last will and codicil of FAYL H/LDEBRANGt;� �+ '~� ,=.,= c�
(First Middle,Lastl � f""
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late of EAST PENNSBORO TOWNSH/P, CUMBERLAND County, 'c �
who died on the llth day of March 2014 and,
WHEREAS, a true copy of the wi11 &codicil as probated is annexed hereto
THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
CATHY HILDEBRANDT MABIUS
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 5th day of May 2014.
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-� � Register of Wills
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)