The URL can be used to link to this page

Home My WebLink About04-13-05 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Mildred E. Beale No. c9.I ~05- 3LfS also known as , Deceased Social Security No. 141-22-8490 Pe\iIionel(S), wOO iBi.-.e H'I yeara of age Of older,llPply(ies) for: (COMPLETE 'A" OR "B" BELOW:) ~ A. Probate and Grant of Letters and aver that Petitioner(s) is/are the executor named in the Last Will of the Decedent, dated APril 26. 1999 and codicil(s) dated Sll1llerelav8nto;::ircums1ence6 e.lI. renunch.lion deathofe~8CtJlor ale. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: None 1:;1 8. Grant of Letters of Administration (<::.\,ll.,d,b.n.t:.I.tI..:pendfml.elile;(IUfanleMlBanlia:duranlemlnorillUe) Petitioner(s) after a proper search has/have ascertained that Decedent left no Wili and was survived by the foliowing spouse (if anv) and heirs: " I .,- I Name Relationshin Residence " , " , ; , ..' " .. (COMPLETE IN ALL CASES:) Attach addlllonal sheels If necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania. with his/her last family or principal residence at 4409 Roval Oak Road. Camp Hill. PA 17011 (Hampden Township) llial.'r&llt,numberandmUf1ici~/iIy) Decedent, then.l!2.. years of age, died March 9, 2005 , at 4409 Roval Oak Road. Camp Hill. PA (location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property . , . . . . . .. . . . . , . , , . .. . . .. $ (If not domiciled in PA) Personal property in Pennsylvania. . . . . . . . . . . . . , . ' . . . $ (If not domiciled In PAl Personal property in County, . . . . ' . , . , , . . . . . . . .. . . . . . . . , ' . . . ' . $ Value of real estate in Pennsylvania ..,................. ....,.........................."..... $ 500,QOO.OO Total ..,.......................................,..............................., $ 500.000.00 Real Estate situated as follows: ~tenants in common interest in prooerty located on Carlisle Pike Hamoden Townshio. Cumberland County. PA Wherefore, Petitioner(s} respectfully request(s) the probate of the last Will and Codici\(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: T ed or rinted name and residence D. Paul Beale 4409 Ro al Oak Road Cam Hill. PA 17011 Form RW.1 Pagll 1 of 2 (Dauphin County. RIlV. 9192) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best ofthe knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to and affirmed and subscribed before me this i3 day of CY~L~~ AP~IL Estate of Mildred E. Beale also known as 2005 E OF REGISTER Deceased No.,;1-1-0'5- 3t.Jt5 , ,. ~~...J Social Security No: 141-22-8490 Date of Death: March 9. 2005 AND NOW, r~ \ ') , 2005, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters 0 Testamentary 0 of Administration are hereby granted to (c.t.a.:d,b.n.c_t.;pendantelite;d..rllntellbunti8;(lllrll1\te....im>.ilBte) D. Paul Beale in the above estate and that the instrument(s), if any, dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.......................... . Short Certificate(s) ( )... Renunciation ( )............ Affidavit ( ).................. Extra Pages ( )........... CaL.J..w:,.\\.. .............. JCP Fee........................ Inventory & Tax Forms... ~-t~.:~:>:,>.~\'JL TOTAL................ $~jIO.bD I }JJ,"d. YtuIlJA 12~^ Register of Wills fJP' J{j,,{f:f- JUtl~iJ $ $ $ $ $\") ()U $ lo.()o $ $ ~.cD Attorney: LD. No: Address: ..-? Elvse E. Rogers Ckl J, ! ~f 41274 ~ ~.J 415 Fallowfield Rd. Suite 301 Camp Hill. PA 17011 717 -612-580 1 _if 1/3/05 I . $ LjLfQ.OO Telephone: DATE FILED: n~ ,n, '~"\ . n" This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be t(jrwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 11335301 No. th-n. 7? tZ44.? ~~ Local Registrar MAR 11 Z005 Date ,5.143 Rav_2/87 -2.1- OS - 315 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FllE~UM8ER Yn SEX Female ,. BIRTHPlACE (City and FOE T Slille Of Foreign Counll)') H SPITAl' 7. Mifflin,Pa ~~nlO FACIliTY NAME (If not in.~tulion,lllv" l\feal and nUfllber) SOCIAL SECURITY NUMBER 141 _ 2L_ .. h I n in 'n 8490 DATEgF DEATH (MondU~ay~ Y8ilr) .. ~ch 9, 200" ,. AGE(la~Birthday) NAME Of DECEDENT (FitI~ Middle. lest) Mildred E. Beale .. COUNTY OF DEATH ,_0 MARITAL STATUS - M.rried, Ne-.erMarr\tlll,W'Klowtod. Oivo<<:ed(SPll~) Married 1s.Paul Ham en Beale 76 ~o ~~)D RACE - American Indian. BIIlcl<, While. II {Spaclfyj 10. Whi te SURVIVING SPOUSE lll..lI..gI..m_nn.o....) ... ". Hampden Twp KINO OF BUSINESS /INOUSTRY 4409 Royal Oak Road AS DECEDENT EVER IN U.S. ARMED FOfiEES? Ye,D No~ ". DECEDENrs EDUCATION (Sp."'!ya ~..0I C<ln\!IloI#<Il Elom...,~ryISoc<>ndory C~ 13~2 (0-12) (1-4"'$>' DECEDENrs USUAL OCCUPATION (':i'~aI~~~~"'f 11L . fe 11b. DECEDENrS MAILING ADDRESS (Slreat. CityfTOWfI. Slale, Zip Code) 17b. CounN Cumberland Old decedent ~veln a tcwnltllp? 14. 17C.~Yel.dllClldentlivlldln "'" ~ ~~r~; ~~k1~8Y~ DECEDENrs ACTUAL RESIDENCE (Setllnslructions onoll1ttrslde) 11e.Slille ... FATHER'S NAME (First. Middle. lell) 18. Burns Ernes t INFORWNrS NAME (T~P.-InI) 20a. Paul Beale . METHOD OF DISPQSJTlON OI\TE OF DISPOSITION Oc:Mlil~onO Burlill n:rem~lionnemovaIIrO"'Slllle 0 "~'b".M;r~h) 14,2005 21.. Qlher{Sf>"Cify) 0 SI FUN NSEE OR PERSON "'CIING AS SUCH llCENSE NUMBER ,,,. .... 011654-L "t'l'd.O ~~~~~~'ft~of ""- MOTHER'S NAME {Flrll, Middle. Meldet1Sumame) 111. Ola Rowe ~~~DRmtt)9"t{\l'y,f~D'l5!."t(S"rbg!f~~'l'Ii'rtJ, Pa 17011 owie<Jlle PLACE OF DISi>OSmON- Name of Cemetery. Cnlflllillory LOCATION CllyfTown, Slate. Zip Code or OIherPlilcl#, . Rolling Green Cemetery Camp Hlll, Pa 17011 21c. 21d. NAME AND ADDRESS OF FACILITY 22cM ers-Harner Funeral Home LICENSE HUMBER Inc Carp Hill, Pa 17011 DI\TES 0 {Motllh.o.y, Yeer) To the best {S~na 23.. TIME OF DEA n. L(02 1m{) 21. PART I: E"",.Ih. III......... InJ~"". "''''''''pll..lla.... ...."'ch COUN<I th. 11...11I. Do nal.nlo.IM "'all. ard~lna, .u.h.. cordi.. a. ...pIQkry .rr..~ .ha.k a. ....n rollu... U.1.....,g.........an...chll... n. :.\pprox!lT\il!e : lntervalbelween ,onlelllnddllath ..II1FT; Sf, 1'- M fl.D~ mJE10lORASACONSEOUENCEOFl c. ,w! -u.... Coli"" StlquenliellyUslcondillon1 ifany.leadinlllolnvnadillle C8\1M. En\tIr UHOERl'f"\NG CAUSE (OiIeasa Of lnfUry lIWlnlo.llld....-.nts resullinll 00 d.ath) LAST WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AVAIlABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? L OUET (ORASACON EaU~NC DUE TO (OR AS ACON EaUENCfOF) Yes D No I)l Yes 0 MANNER OF DEATH Natural 0 - 0 Accident 0 Plll'ldinglnvesllgallon 0 Suicide 0 Could"Olh!l~le<mi<\ed 0 DATE OF INJURY (M""'lh.D.y.Ye.fl TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. 28.. 21b. CERTIFIER (Check 0t11y one) 'l~~=of~~=J:l.s:t~~ C:~~d'dU:: Ir:! ~:~h.~:~(:~~3~~~~ h:I~~~~~~.~,~.~~~~~..~~.~~.~~~.I~.~.i.t~.~.~~~ n. 30e. 30b. M PLACE' OF INJURY - At llome, farm. Ilfeat, rilckHy, QtliCtl bu'~"'li, .Ie. ISpeedy) 3G.. YelD NoD 30c. h<> "'9i EA.NDT ....0 LICE Ml3f:R .. DATE: SiGN'EO...lMonlh. Day. Year) .......... gJ ",.MD (/) ~9 0 ?e- ".. :J -'-/-ZOO,s- NAME AND ADDRESS OF PERSON WHO COMelE EO CAUSE OF DEATH "MEDICALEXAMlHiRlCORONER ~lt..."'2?\T~peClPritll A'IH Df\'IM P~/}nt> ::::':r~\:IItO:.~~w.tICl'l andlOT Inv..tlll.tlon, In my opinIon, d.alh occurred alth. lime, dala, lmd pillet. and dll' t<) lhe cau"'(IJ) ,nd D "3 q 1'7- .,-rt,1 rv Lf/!r It..ctrro 31.. 32. C P j,-,- ?OJJ REGISTRAR'S SIG"RE AND HU 8ER DATE FILED (Month. De)'. Yeilr) " ~ ~ 1q'-1~/I/1 .. 'PRONOUNCING AND CERllFYING PHYSIClAN (Ph~$lcii\l\ ba-\h pl"ooooncirlg dealh and CtIrtify\ttg \0 cause ot d.ath) To lhe ~II of my knowluge, d..th occulT.d alth.Ii",., date. and pl.... .nd due to th. cau"'{I) .nd mann.r a. .!atod....... . Last Will and Testament OF MILDRED E. BEALE I, MILDRED E. BEALE, of Hampden Township, Cumberland County, Pennsylvania, 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 payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, 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 residue of my estate as an expense and cost of administration of my estate. ITEM III: If! die before my husband, D. PAUL BEALE, I give to him 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. If I do not die before my husband, I make this gift to my children living at the time of my death, to be divided among them as they shall agree. Should there be no agreement, the Executor shall divide this property among them in as nearly equal portions as the Page 1 (V( . E. t3 Executor, in the sole discretion of the Executor, deems appropriate, having due regard to the personal preferences of my children. ITEM IV: I hereby grant my son, JEFFREY L. BEALE, the right and option to purchase my interest in that real estate located at 3721 Market Street, Camp Hill, Pennsylvania, upon the following terms and conditions: (a) The purchase price shall be the fair market value as finally determined in my estate for federal estate tax purposes. (b) The option shall be exercised within six (6) months of my death by written notice to the Executor of my estate. (c) The Executor is hereby authorized to provide financing for the acquisition of the property by my son on the following terms and conditions: (i) No down-payment shall be required; (ii) The Executor is authorized to provide 100% of the financing for the acquisition of the property; (iii) The rate of interest shall be not less than the prime rate of Commerce Bank, N .A. as of the date of closing; Page 2 ("tEA (iv) Principal and interest shall be payable in equal montWy installments amortized over not more than 360 months; (v) My son shall grant to the Executor of my estate a first lien mortgage on the Property; (vi) Closing on the purchase of the property shall take place no later than four (4) months after the date of written notice of the exercise of the option; (vii) My estate and son shall divide equally any and all realty transfer taxes assessed upon the conveyance of the property; and (viii) Real estate taxes and assessments, both general and special, and lienable municipal services shall be apportioned as of the date of Closing on the basis of the fiscal year for which assessed. ITEM V: I give the residue of my estate, not disposed of in the preceding portions of this Will, to my husband, D. PAUL BEALE, as Trustee, IN TRUST, to be divided into two parts, each of which shall constitute separate trust funds to be known as "Trust A" and "Trust B". "Trust A": "Trust A" shall consist of the largest amount that can pass free of Federal estate tax under my Will by reason of the applicable credit and the state death tax credit (provided that the Page 3 (}t. f. ~. use of this credit does not require an increase in state death taxes) allowable to my estate but no other credit and after taking account of dispositions under other items of this Will and property passing outside of this Will which do not qualify for the marital or charitable deduction and after taking account of charges to principal that are not allowed as deductions in computing my Federal estate tax. For purposes of establishing the amount to be placed in "Trust A", the values finally fixed in the Federal estate tax proceeding relating to my estate shall be used. I recognize that this amount may be zero (0), in which case no property shall pass under "Trust A". I also recognize that this sum may be affected by the action of the Executor in exercising certain tax elections. "Trust B": The balance of my residuary estate not placed in "Trust A" shall be placed in "Trust B". ITEM VI: The following provisions shall apply to "Trust A": (a) The Trustee shall pay the net income arising from the principal of this Trust in convenient, at least annual installments to my husband, D. PAUL BEALE, during his lifetime. (b) During the lifetime of my husband, the Trustee shall pay to or for his benefit so much of the principal of this Trust as may be necessary, in the discretion of the Trustee, for the proper support, maintenance and medical care of my husband. (c) Upon the death of my husband, the Trustee shall pay over all of the remaining assets, to one or all, or less than all of my issue, in the Page 4 (n.r 5. amounts, and in the estates, in trust or otherwise, as my husband may direct, making specific reference to this Power of Appointment, either by written instrument filed with the Trustee during his lifetime or by his Will. In no event may this Power of Appointment be exercised in favor of my husband, his estate or creditors of either. (d) Ifthis Power of Appointment is not exercised by my husband, in whole or in part during his lifetime, or in his Will, then upon the death of my husband, the Trustee shall distribute the unappointed principal as follows: (i) FIFTEEN (15%) PERCENT, but no more than TWO HUNDRED FIFTY THOUSAND ($250,000) DOLLARS when aggregated with any similar gift by my husband, D. PAUL BEALE, to HERSHEY TRUST COMPANY, as Trustee for DAVID PAUL BEALE, III, to be administered and distributed as provided in ITEM VIII of this Will; (ii) ONE-HALF (%) the balance to my daughter, JENNIFER L. MOYER. If she is not living at the time of distribution, this share shall be held in Trust for her issue, to be administered and distributed as provided in subparagraph (e) of this Item; and Page 5 JV/.E.~ . (iii) ONE-HALF (%) the balance to my son, JEFFREY L. BEALE. If he is not living at the time of distribution, his share shall be held for the benefit of his issue, to be administered and distributed as provided in subparagraph (e) of this Item. (e) The Trustee shall further divide any share set apart for issue of a deceased child of mine into as many per stirpital shares as there are then living issue of my deceased child. In each Trust thus established for issue of a deceased child of mine (the "Beneficiary"): (i) The Trustee shall quarterly pay to or for the benefit of the Beneficiary all of the net income and so much of the principal of the Trust as, in the discretion of the Trustee, may be necessary to maintain the Beneficiary in the proper station in life, including proper support, maintenance, medical care and college or higher education. (ii) Upon the Beneficiary's attaining the age of twenty-five (25) years, the Trust shall terminate, and the Trustee shall pay to the Beneficiary the balance of the principal. (iii) Should the Beneficiary die before final distribution of the assets of his or her Trust, but be survived by then living issue, the Trustee shall quarterly pay the net income from the Trust to or for the benefit of the issue, per stirpes, living at the time of each quarterly distribution. As Page 6 Yfl.f: f3. soon as anyone of the Beneficiary's issue attains the age of twenty-one (21) years, and in no event later than twenty (20) years following the death of the Beneficiary, the Trustee shall pay over all of the then assets in the Trust to the then living issue of the Beneficiary, per stirpes. Should the beneficiary die before final distribution and not be survived by then living issue, the provisions of subparagraph (iv) herein shall obtain. (iv) If, before final distribution of the assets of any Trust established for the issue of a deceased child, there is no living beneficiary of that Trust, it shall terminate. The principal of the Trust shall be distributed to the other issue of my deceased child. A per stirpital share shall be allocated for each issue. If any Trust created for issue of a deceased child is then in existence, the share of the issue who is the beneficiary shall be added to that Trust. ITEM VII: The following provisions shall apply to "Trust B": (a) Trustee shall, beginning at my death, pay over the net income in convenient, at least annual, installments to my husband, D. PAUL BEALE, during his lifetime. (b) The Trustee shall also pay to my husband so much of the principal of this Trust as the Trustee deems necessary for the proper support, maintenance and medical care of my husband. Page 7 JVJ .E.f3 . . (c) Upon the death of my husband, the Trustee shall pay all accrued income and all income accumulated but undistributed to the estate of my deceased husband. The Trustee shall thereafter transfer the principal of this Trust to "Trust A" to be held, administered and distributed in accordance with the provisions of ITEM VI of this Will. (d) If my husband should not survive me, the provisions of "Trust B" shall be void. The part of my estate which would have constituted "Trust B" shall be added to "Trust A" to be disposed of in accordance with ITEM VI of this Will. (e) The Executor is authorized in the Executor's exclusive and unrestricted discretion to determine whether to elect (under Section 2056(b)(7) of the Internal Revenue Code of 1986 as amended, or any corresponding provision of the Federal estate law), to qualify all, none or a fraction of "Trust B" for the Federal estate tax marital deduction. The Executor's decision with respect to this election shall be binding upon all persons. Only property which is fully eligible for the marital deduction under Federal estate tax law shall be assigned to this Trust. Notwithstanding anything to the contrary contained in this Will, the Trustee shall not retain or invest in any property which is or becomes unproductive. Notwithstanding the provisions of subparagraph (b) of this Item, the Trustee shall promptly pay to the Executor of my husband's estate, out of the principal of this Trust upon the death of my husband, an amount equal to the estate, inheritance, transfer, succession and other death taxes ("death taxes"), Federal, state and other, payable by reason of the inclusion of the value of Trust property in my husband's estate. This payment shall equal the amount by which (1) the total of the Page 8 fl1.i: [3 death taxes paid by my husband's estate exceeds (2) the total of the death taxes which would have been payable if the value of the Trust property had not been included in husband estate. My husband's Executor shall determine the amount payable, and the determination shall be final. The determination of the amount due shall be based upon values as finally determined for Federal estate tax purposes in my husband's estate. Mter payment of the amount determined to be due hereunder, the Trustee shall be discharged from any further liability with respect to payment. My husband may waive his estate's right to payment under this subparagraph by Will, executed after my death, in which he specifically refers to this right. ITEM VIII: The following provisions shall apply for the Trust established for my son, DAVID PAUL BEALE, III: (a) The Trustee of this Trust shall be HERSHEY TRUST COMPANY. However, my daughter, JENNIFER L. MOYER, and my son JEFFREY L. BEALE, may jointly, during the lifetime of both of them, and individually during the life of the survivor, remove HERSHEY TRUST COMPANY as Trustee, provided that they appoint another financial institution to serve as successor Trustee. This power of removal and appointment shall continue as to each institutional Trustee so appointed. (b) The Trustee shall distribute to my son, DAVID PAUL BEALE, III, in convenient, at least annual installments, all of the net income. Page 9 tn. f:. {3. . (c) The Trustee shall also distribute to my son, DAVID PAUL BEALE, III, so much of the principal as, in the discretion of the Trustee, may be necessary to maintain my son, DAVID PAUL BEALE, III, in the proper station in life, including proper support, maintenance, and medical care. However, under no circumstances may total distributions from this Trust exceed TWENTY THOUSAND ($20,000) DOLLARS in any calendar year, said TWENTY THOUSAND ($20,000) DOLLARS limit to apply to the aggregate of this Trust and of any similar Trust established by my husband, D. PAUL BEALE, in his Will. The maximum distribution amount of TWENTY THOUSAND ($20,000) DOLLARS per year shall be adjusted for inflation annually beginning with the Consumer Price Index in effect in the year of the death of the survivor of my husband and me. (d) Should my son die prior to final distribution of the assets of this Trust, but be survived by then living issue, the Trustee shall continue to administer and distribute the assets of this Trust for the benefit of the then living issue of my son, in accordance with the provisions of subparagraph (e) of ITEM VI. ITEM IX: My husband, D. PAUL BEALE, shall have the noncumulative right to withdraw FIVE THOUSAND ($5,000) DOLLARS from the principal of "Trust B" under this Will each calendar year during which he is then entitled to receive income. If my husband is living on the last day of the year, he shall also have the right to withdraw principal from "Trust B", not to exceed an amount equal to five (5%) percent of the net market value of the principal of "Trust Bn, less the amount, if any, previously withdrawn from that Trust during the calendar year. The Trustee shall make this payment within thirty (30) days of the close of the Page 10 .m.Ii.g. calendar year. This right of withdrawal is noncumulative and may be exercised only in writing delivered to the Trustee within thirty (30) days prior to the last day of each calendar year. This right of withdrawal shall be limited and construed as necessary to create a power described in Section 2041(b)(2) of the Internal Revenue Code of 1986, or any comparable provision of future federal tax laws. ITEM X: No part of the income or principal of 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 of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levY, attachment, seizure or other process against the beneficiary. ITEM XI: The Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even in have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule oflaw regarding investments by fiduciaries. Page 11 P1 f.6. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases of real estate. CD To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate or any Trust established by this Page 12 fJ1.E./3 . Will. This paragraph shall not be construed to authorize borrowing from "Trust B". (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. If any death taxes are payable with respect to my estate, these taxes shall be paid from "Trust A". (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. Page 13 rh.';: 6. (I) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation- skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. (0) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (p) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM XII: The Trustee is authorized to distribute principal and/or income in anyone or more of the following ways if the Trustee, in the sole Page 14 {h;;:;S, discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: (a) Directly to the beneficiary; (b) To the legal guardian or conservator of the beneficiary; (c) To the Trustee, 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 the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (e) By directly applying distributions for the benefit ofthe beneficiary . This power shall not apply to any distributions to my husband from any trust which has qualified for the marital deduction in my estate. ITEM XIII: Should my husband, D. PAUL BEALE, by Will or Agreement of Trust, establish Trusts similar to the Trusts I have established for the benefit of my issue, the Trustee of each Trust created in this Will shall have the right to merge it with the similar Trust created by my husband for the same beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single Trust. Page 15 fh~6. ITEM XIV: Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary . ITEM XV: I appoint my husband, D. PAUL BEALE, to be the Executor. In the event of his death, inability or refusal to serve, I appoint my son, JEFFREY L. BEALE, to be the Executor. In the event ofthe death, inability or refusal of both my husband and my son to serve as Executor, my daughter, JENNIFER L. BEALE, shall serve as Executor. In the event my husband is deceased, unwilling or unable to serve as Trustee of "Trust A" or "Trust B", my son, JEFFREY L. BEALE, shall serve as Trustee. In the event both my husband and my son are deceased, unwilling or unable to serve as Trustee, my daughter, JENNIFER L. MOYER, shall serve as Trustee. The Executor and Trustee are specifically relieved from the obligation of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding fifteen (15) pages, at the end of each page of which I have also set my initials for greater security and better identification this.;J~ day of ~ ,19 ~5. m 4lJ. C<:\/J'__LJ MILDRED E. BEALE (SEAL) We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. '---"'1 ,")'.' 0_ j "OCt,; ;' " 1';'11" /1 h>!{'iJ~d jl //d/'j- ~~ ~SEAL) ""idi~gat /;Od-. at7j7~# m{U~-:~~707-~ (SEAL) Residing at 'd5lf (SEAL) Residing at 3 t. ~.I k 7>1 ~,~) /:,. /~. / ~ (. ,/,-. . . . . ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~~. ) ) SS: ) I, MILDRED E. BEALE, 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 Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Jvt.J.rlA~J. E ~ (SEAL) MILDRED E. BEALE Sworn to and subscribed before me)fs_~' da,rof ~ , 19Y9 ~~~j-;,. H ?Notary Public My Commission Expires: (SEAL) NotarIal ~ea~otary Public 'i~~g~~~~n~:~i;;r1:w~r ~g.U;6b1 My CommlSS . Association 01 Notanes sv\vama Member Penll . , . . . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA [)n~H j _: COUNTY OF V''''''' ) ) SS: ) , the Witnesses whose names are signed to the attached oing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix, MILDRED E. BEALE, sign and execute the instrument as her Last Will and Testament; that Testatrix signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence, -v' t WI., 'AVi- C. /",'.,,-;~ e, '..;:' );~ ,.J> , , Lr,Jci fZ1- C-ft~(I and . (.1/ C\ ..)l<:""T ('. .)~- Witness ~/11.&I4 Witness Sworn to and subscribed before me this ,52. C. day of ~ ,199<1 lH~,:,.f-1 My Commission Expires: (SEAL) NO\ari.~~~a~otary Public Margaret M. Kenwo Dauphin County SUsquehanna T~fp';res Sept 26, 2001 M Commlsslen Y . Association ot Notaries 1I.^",rn\!p;r pf)nnsvlval1la 170081