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HomeMy WebLinkAbout06-05-86 Estate of Robert M. Mumma also known as PETITION.. OR PRODA TE and GRANT bi LETTERS 021 - geo - 3'1? / No. To: Register of Wills for the Deceased. County of Cumberland in the Social Security No. 195-07-1889 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut ors in the last will of the above decedent, dated May 19 and codicil(~ dated October 12. 1984 named , 19~ (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland h is last family or principal residence at 49 Hillcrest Road, Pennsylvania 17043 County, Pennsylvania, with Wormlevsburq, (list street, number and muncipality) Decendent, then 71 years of age, died April 12 m Amity Farms, Watts Township, Perry County Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: no exceptions Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: ,19 86 $100,000. $ $ $ WHEREFORE, petitioner(s) respectfully request(;;:) the probate of the last will and codicil(S) presented herewith and the grant of letters testamentary theron. (testamentary; administration c.La.; administration d.h.D.c.La.) . . u . . ~3 U" "'~ -00 1::"0 e<:I";::: 3~ U~ 30 ~ . '" 0; -&,Lvj7f ~ Barbara McK. Mumma 49 Hillcrest Road Wormleysburg, PA 17043 (:~/2. 7'.J( //f!&fW../t...J Lisa M. Morgan 1065 Tilqhman Court Wayne, PA 19087 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA I ss COUNTY OF CUMBERLAND J ro 'lc The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and yuly administer the estate according to law. Sworn to or affinl1e.d> and subscribed { 13<1/1 k,fJJ JrA.~ ~ before e this .~ day of ~ . ~ \ ~ 19 86 _~ ~ ~'4a/L/ ~ " Register B: d, ;~ ~ J 1i \0 - 3~9 \~ - \q I - \ 5 No. 21 - 86 - 3gB Estate of Robert M. Murruna , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW JUNE 5, 19~, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, lT IS DECREED that the instrument(s) dated May 19, 1982 and October 12, 1984 described therein be admitted to probate and filed of record as the last will of Robert M. Murruna and Letters Testamentary are hereby granted to Barbara McK. Murruna and Lisa M. Morgan FEES Probate, Letters, Etc. .,......, $ 120.00 Short Certificates(2C) ,.,'..,... $ 40.00 Renunciation .....,..,...,.., $ Codicil $ 12.50 X-Pages 1~'88 Cert. copy TOTAL _ $ :, . Filed ,..;r.l!~;E;. 5,.J..'Hl.fi,.",.,' .~?~:, :.0 ~~(Z-~~) eaister of Will Rx C. LEvlIS Arthur L. Klein #12825 Joseph A. O'Connor, Jr. #18327 AITORl'IEY (Sup. Ct, J.D. No.) ~organ, LeW1S & Bockius 2000 One Logan Square WILL BOOK #100 PAGE 388 ETC. h'l d 1 h' ADDRESS P l a e p la, Pennsylvania 19103 (215) 963 - 5000 PHONE co , " '"', Mailed to atty. on 6-6-86. . ') .4." .~,_) -.. "..-r --... ~, LAST WILL AND TESTAMENT OF ROBERT M. MUMMA - "-~ 00 ()' L ~ , lr. :D <0 lh C'o LAW OF'l"'lelUl BERMAN, BOSWELL & TINTNER .315 N. FRONT STREe;T P.O. Box .:3787 HARRISaURG, PENNA. 17105 ,. LAST WILL AND TESTAMENT OF ROBERT M. MUMMA I, ROBERT M. MUMMA, of the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, being of sound and dis- posing mind and memory, and not acting under influence of any person whomsoever, do make, publish and declare this instrument to be my Last Will and Testament, in manner and form following. FIRST: I hereby expressly revoke all Wills, Codicils and testa- mentary writings of whatsoever kind and nature heretofore made by me. SECOND: I hereby direct my Executors, hereinafter named, to pay all my just debts, expenses of administration, funeral expenses, expenses of erecting a suitable monument for my grave and the cost of perpetual care thereof out of my estate, as soon as is practicable after my decease. , THIRD: I direct that all estate, inheritance, transfer, legacy or succession taxes, or death duties, which may be assessed of imposed as a result of my death or with respect to my estate, or any part thereof, wheresoever situated, whether or not passing under this my Last Will and Testament, including the taxable value of all policies of insurance on my life and of all transfers, powers, rights, or interests includible in my estate for the purpose of such taxes and duties, shall be paid out of my general estate as an expense of administration and without apportionment, and shall not be prorated or charged against any of the gifts in this Will or against any property not passing under this Will. In the absolute discretion of my Executors, hereinafter named, they may pay such taxes immediately or may postpone the payment of the taxes on future or remainder interests until the time possession accrues to the beneficiary or beneficiaries named herein. My Executors may, in their discretion, arrange for extension of time for the payment of said estate and inheritance taxes, and any interest and/or penalty incurred on any such taxes, whether or not resulting from such extensions or post- ponements, shall be borne by my estate as an expense of administration. FOURTH: I give and bequeath unto my son, ROBERT M. MUMl1A, II, the Gorgas Grandfather's Clock, which I consider owned by me and which has been in the Mumma family for many years. I further give and bequ~ath unto my son, ROBERT M. MUMMA, II, all of my jewelry, owned by me at the time of my death. FIFTH: I give and bequeath unto my daughter, LISA M. MUMMA, my 380SL Mercedes automobile. ~ <I r ..j. -*() SIXTH: I give and bequeath unto my wife, BARBARA McK. MUMMA, all of my automobiles (except as to the one hereinabove disposed of) and other articles of personal use. Should my said wife predecease me, all of said personal effects as above described shall be distribut- ed among my children living at the time of my decease in such manner as they shall mutually determine. If my said living children are un- able to agree to the distribution thereof, my Executors shall determine the items to be distributed and to whom distributed and their determina- tion shall be final and conclusive upon my said children. SEVENTH: If my wife, BARBARA McK. MUMMA, survives me, I give and bequeath to the trustees hereinafter named, an amount equal to fifty (50%) percent of my total gross estate as finally determined for Federal Estate Tax purposes, taking into account and including therein, for computation purposes, my undivided interest in the value of all my interests in property which pass or have passed to my wife under other provisions of this Will or otherwise than under this Will, but only to the extent that such interests are, for the purpose of the Federal Estate Tax, included in determining my gross estate and allowed as a marital deduction. In funding this Trust, I authorize my Executors to use cash or other property or a combination thereof, and I direct that any such other property so used shall, for the purpose of funding the trust, be valued as of the date or its distribution. In computing the amount of this bequest, I direct that the values and amounts as finally determined for Federal Estate Tax purposes shall control. Notwithstanding anything to the contrary contained in this Will, I direct that (a) the Trust shall not be funded with any property or the proceeds of any property which (1) would not qualify for the marital deduction allowable in determining the Federal Estate Tax on my Estate or (2) is includible in my gross estate for Federal Estate Tax purposes and also subject by reason of my death to any inheritance tax, transfer tax, estate tax or other death duty in any foreign country or political subdivision thereof, except that the property described in this clause may be allocated to the Trust to the extent that other property of my Estate, which does qualify for the marital deduction, is not sufficient to fund the Trust in full; (b) that the trustee shall not retain in the Trust beyond a reasonable time, any property which may at any time be or become unproductive nor shall they acquire unproductive property as an investment to be held in the Trust; and (c) that none of the powers granted to my Executors and trustees by this Will shall be exer- cised in such manner as to disqualify the Trust or any part thereof from the marital deduction allowable to determine the Federal Estate Tax on my Estate, except as may be hereinafter provided. I direct that the trustees hold said amount, In Trust Nevertheless, : to manage, invest and reinvest the same, to collect the income and to pay over or apply the net income to, or for, the benefit of my wife, - 2 - v-- s- ,.3, fI<'. ], BARBARA McK. MUMMA, at least yearly. My individual trustee, other than my wife, solely and within her discretion alone, is authorized to distribute to and for the benefit of my wife, BARBARA McK. MUMMA, in addition to the income hereinabove specified, so much of the principal of this Trust as she may deem necessary or advisable to reasonably provide for her support, health, welfare, maintenance or comfort, to maintain for her a standard of living which she has during our married life enjoyed, taking into account, however, my wife's in- come from other sources including, but not limited to, all income from trusts, estates and business interests, as well as available principal assets. Notwithstanding the limited invasion right of trust principal by my one trustee for the use and benefit of my wife, which requires a deficiency in other available funds, I give unto my wife a right, which shall not be cumulative, to request annually in writing a dis- tribution to her by the trustees from the principal of this Trunt of up to Five Thousand ($5000.00) Dollars or up to five (5%) percent of the then principal of this Trust, whichever shall be the greater, and the trustees, upon receipt of such writing, shall make payment thereof to my wife during the calendar year in which said writing was received. The annual request by my wife is not mandatory, but shall be made, if desired, only by herself individually. I hereby authorize my Executors, in their sole discretion, to elect that any part or all of any amount passing under this article of my Last Will and Testament, to my wife, BARBARA McK. MUMMA, in the event she survives me, be treated as qualifying terminal interest property for the purpose of qualifying for the marital deduction allow- able in determining the Federal Estate Tax on my Estate. Without limit- ing the discretion contained in this foregoing sentence, it is my ex- prectation that my Executorfwill make said election with respect to all of any such amount, unless the timing of my spouse's death and mine and the c~ation of the combined death duties of our two (2) estates renders such an election inappropriate. Upon the death of my said wife, the principal of this Trust, as it is then constituted, shall be paid over by my surviving trustee unto my children, ROBERT M. MUMMA, II, BARBARA M. McCLURE, LINDA M. ROTH and LISA M. MUMMA, free of this Trust, share and share alike, per stirpes and not per capita. EIGHTH: All the rest, residue and remainder of my property and estate, both real and personal of whatsoever kind and wheresoever situate, of which I shall die seized or possessed, and of which I shall be en- titled to dispose of at the time of my death (my "residuary estate"), I give, devise and bequeath unto the trustees hereinafter named, In Trust, Nevertheless, to hold, manage, invest and reinvest in the same, to collect the income and to pay over or apply the net income to or for the benefit - 3 - v fa .yO of my wife, BARBARA McK. MUMMA, at least yearly. My individual trustee, other than my wife, soley and within her discretion alone, is authorized to distribute to and for the benefit of my wife, BARBARA McK. MUMMA, in addition to the income hereinabove specified, so much of the principal of this Trust as she may deem necessary or advisable to reasonably provide for her support, health, welfare, maintenance or comfort, to maintain for her a standard of living which she has during our married life enjoyed, taking into account, however, my wife's income from other sources including, but not limit- ed to, all income from trusts,estates and business interests, as well as available principal assets. Upon the death of my said wife, the principal of this trust, as it is then constituted, or, if my said wife does not survive me, upon my death, my residuary estate, shall be paid over by my surviving trustee or by my successor Executor, as the case may be, unto my children, ROBERT M. MUMMA, II, BARBARA M. McCLURE, LINDA M. ROTH and LISA M. MUMMA, share and share alike, per stirpes and not per capita. In the event any of my said children shall predecease me leaving issue (including adopted children) surviving, then and in that event their share above provided shall pass to such issue. If, however, any of my children shall predecease me without leaving issue, (including adopted children) surviving, then and in that event their respective shares above provided shall lapse and their share shall be equally divided among my surviving children. In the event the Trusts established under Items Seventh and Eighth of this my Last Will and Testament, and my residuary estate established under Item Eighth hereof, have not been finally distributed as herein provided, and there are no beneficiaries to receive the same in accordance therewith, the trust funds held by my trustees, and my residuary estate, as herein named, upon the occurence of said contingency, shall be paid over, free of all Trusts, to the POLYCLINIC MEDICAL CENTER of Harrisburg, Pennsylvania, said moneys and property when so paid to the POLYCLINIC MEDICAL CENTER, both the principal and the income received therefrom shall from time to time be used by said Medical Center for capital im- provements to the physical structure and plant of said Medical Center, and for moveable fixtures and equipment of a permanent nature which can be used for patient treatment, care and comfort, but no part of such money and property, either principal or income, shall be used or applied to the current expense in the operation of said Medical Center. As used in this Will and the Trusts hereunder, the masculine pro- noun shall include the feminine, and the singular shall include the plural. The Trustees shall be vested with reasonable discretionary powers and in all matters not otherwise herein specifically provided, they shall exercise their sound judgment and discretion in the performance of their duties hereunder. They shall not be liable for any error of judgment provided that such error is honestly made. - 4 - ~ ,~ ) 1 ~ 7 NINTH: I give and grant unto my trustees, and the survivor thereof, and their successor or successors, the following powers, which shall be construed broadly and which may be exercised by them in either or both capacities, as in their discretion they deem advisable, in addition to and not in limitation of their common law and statutory powers: (1) To allot, assign, care for, collect, contract with re- spect to, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, sell, sue for, and in general do any and every act and thing and to enter into and carry out any and every agreement with respect to the property included in any trust created in this Will which they could if they were the absolute owners thereof, without being limited in any way by the specific grants of power hereinafter made. (2) To retain for such time as in their judgment may seem advisable all or any part of my property or assets which at any time shall constitute a part of the trusts herein provided for. (3) To sell or exchange, either privately or at public sale and without prior approval of any court, at such time or times and at such price or prices and on such terms and conditions as the trustees may consider advisable, all or any part of the trust property, real, personal or mixed, and to execute, verify, acknowledge and deliver all deeds, bills of sale, or other documents which may be necessary or proper in the exercise of such powers without liablity on the purchaser or purchasers to look to the application of the purchase price. (4) To manage any real property held by them in such manner as they may determine, including authority to alter, repair, maintain or improve such property as hereinafter set forth, to mortgage such property on such amount, on such conditions and at such rates of interest as they shall deem advisable; to abandon such property, to adjust boundries, to erect or demolish buil~ngs thereon, to convert for a different use, to dedicate for public use without compensation, to grant easements and rights-of-ways, to waive payment for property taken by right of eminent domain and to claim and negotiate for payment for property, to enter into party-wall contracts, to protect out of the general funds of the Trusts created herein, to insure or perfect title and to charge the cost of any action taken with regard to any such property to principal or income as they may determine. To make all ordinary repairs to any real estate held by them and such extraordinary repairs, alterations or improvements against the principal of the Trusts herein created of which the property being repaired, altered or im- proved forms a part. _ 5 _ v 8) .r) i',,}1-. (5) To lease any real estate subject to the Trust herein created f')r such terms or terms, and for such rental or rentals, and under such covenants and agreements as may, in the discretion of the trustees, be considered for the best interest of the trust estate. The trustees shall recognize existing leases, but still have the power to agree to modification of, or amendment to, the te1ns of existing leases or to extensions or renewals thereof. The trustees shall have authority to acquire by purchase, gift or otherwise, and to resell, receive, hold, manage and control real estate, and any other interest therein, subject to the Trusts, and do all things necessary or proper in the performance 'of such functions. (6) To invest, and from time to time to reinvest, to acquire, and to retain temporarily or permanently the trust estates received or held by them in cash or in kind or real or personal property, foreign or domestic, including by way of illustration, but not by way of limita- tion, co~mon or preferred stocks, investment bonds, mortgages, debentures, notes, unsecured obligations, wasting assets, or investments which are unproductive, overproductive or underproductive as in their discretion th2Y may deCI!'! advisable, and the total trust funds or the relation it may bear to the type or character of other investments in the trust estates, or to dIe effect in the trust estates and they shall not be restricted in their choice under any present or future applicable law, it being my incention to give my trustees power to act in such manner as they will believe to be for the best interest of the Trusts created herein. (I) To pay income tax on gains from the sale or other con- version of capital assets out of the corpus thereof. (8) To amortize, accelerate pa)~ent of, reduce, extend, modify, settle or liquidate any lien, encumbrance, mortgage, or other charge against any real estate or other property which may be subject to these Trusts. The trustees shall specifically keep and perform all of the covenants, terms and conditions of any existing mortgage or mortgages upon said real estate, on the part of the mortgagor required to be kept and performed and shall have full power and authority with the consent of the mortgagee or mortgagees, to refund, replace, extend or otherwise aI!1end the same, and to anticipate and accelerate any periodical payments therein required. (9) To subscribe for stock allotments and to exercise all riE:hts and privileges pertaining to securities which are available to th~ ovmer thereof. (10) To receive or make distribution of any trust herein cre2ted, either in money or in kind, or partly in money and partly in kind. The judgment of the trustees as to what shall constitute an equitable distribution or apportionment shall be binding and conclusive upon the beneficiaries hereof. Nothing herein contained, hm_ever, shall eupower the trustees to make distribution before the time or times specified herein. 1 _ 6 _ ~ .).1 (11) To pay, collect, compromise, sue for or contract any clalin or other matter, directly or indirectly, affecting the Trusts. (12) To use income and/or principal to maintain in force any policies of life insurance which I may own on the life or lives of other persons or to receive in gift or purchase or maintain pre- viously existing insurance or annuity contracts for the benefit of any beneficiary, primary or contingent, if the trustees determine that the best interest of my family would be served by purchasing said contracts or by continuing such insurance in force, and to exercise Hll the powers given to the owner of such policies. (13) To employ counsel, auditors, custodians, accountants, appraisers, engineers, alid other persons, professional or otherwise, as nay be necessary for the proper administration of the Trusts, and to pay their compensation for trust funds. (14) To borrow money and as security thereof, to execute bonds and mortgages containing warrants of attorney, to confess judgment illld to pledge personal property. (15) To incorporate any unincorporated business received from my estate. (16) To carryon and conduct any business enterprise in which I may be engaged at my death. (17) To hold, invest and account for the separate Trusts in one or more consolidated funds, in whole or in part, as they may determine. As to each consolidated fund, the division into the various shares comprising such fund need be made only on the trustees' books of account, in which each Trust shall be alloted its proportion- ate part of the principal and income of the fund and charged with its proportionate part of the expenses thereof. No such holding shall, however, defer the vesting in possession of any estate created herein. (18) As to each Trust created herein, to exercise all the powers granted and all the duties imposed herein until such time after the termination of that Trust as the property included in that Trust has been fully distributed, and to do all other acts which, in their judgment, may be necessary or appropriate for the proper or advantageous management, investment or disposition of any property included in any Trust created herein. TENTH: The rights, titles, benefits, interests and estates of any beneficiary hereunder, including beneficiaries under the Trusts herein created shall not be subject to the rights or claims of his or her - 7 - ~ 10 , ).1 . creditors nor subject nor liable to any process of law or court, nor subject to an assignment or transfer, voluntary or involuntary, by a beneficiary hereof to another, and all of the income, principal or other benefits from or under any Trust herein created, or this Estate, shall be payable, and deliverable only, wholly exclusively and personally to the designated beneficiaries hereunder at the time the designated beneficiaries are entitled to take the same under the terms of this instrument. ELEVENTH: I hereby direct that my Executors, trustees, or any successor, as named by me herein, shall not be required to give bond, or other security, required by law or otherwise, for the faithful performance of their duties, whether as Executor or as successor Executor or trustee. TWELFTH: I direct that all dividends upon shares of stock at any time constituting part of my estate or any Trust hereby established payable in stock of the corporation declaring the same shall be deemed to be corpus, except that such stock dividends paid regularly (i.e. at regular or substantially regular intervals) out of current earnings may, in the discretion of my Executors or trustees, be deemed to be income any my Executor and trustees shall have full power and authority to determine whether any such dividends are so paid regularly out of current earnings. All cash dividends, irrespective whether the same are of the kind sometime described as ordinary dividends or of the kind sometimes described as "extraordinary dividends," excepting liquidating dividends, shall be deemed to be income, and my Executors and trustees shall also have full power and authority to determine whether any divi- dneds upon shares of stock in a wasting-asset corporation, and whether any dividends of distributions in the stock of a corporation other than the one declaring the same, or other property, shall be treated as corpus or income or in part corpus and in part income. Any election or deter- mination pursuant to this paragraph may be made by my Executors or trustees, irrespective as to whether the dividend in question shall in fact constitute corpus or income provided, however, that nothing in this paragraph contained shall be deemed to authorize my Executors or trustees to retain any dividends or any portions thereof, insofar as such retention would result in an illegal accumulation of income. In the event that rights to subscribe to securities or other property shall accrue upon any of the securities or other property, my Executors and trustees are authorized, in their respective sole discretion, to exer- cise such rights or to sell the same, and insofar as may be permitted by law, the proceeds of such sale, or in the event of the exercise there- of, the value thereof at the time of such exercise shall be and become a part of the corpus. - 8 - ~ II ,- , j~:) THIRTEENTH: Notwithstanding the powers herein otherwise given, I direct that my stock in privately held corporations, supervised and administered by me as the Executive or operating officer prior to my decease or my stock in privately held corporations which otherwise is owned by me at my decease be not sold unless all of my trustees, and particularly my individual trustee or trustees, shall agree in writing that such stock shall be sold. It is my desire that if expedient and possible, the businesses which I have personally directed during my lifetime and of which I have had an interest be continued for the bene- fit of and under the management and control of my immediate family. FOURTEENTH, I hereby give unto my Executrix, or her successors, hereinabove named, the fullest power and authority in all matters or questions pertaining to the administration of my estate, executing the provisions of this my Last Will and Testament, including, but not by way of limitation, the power and authority to determine all doubtful questions which may arise in the construction of this my Last Will and Testament and the trust hereunder; I further hereby authorize and em- power my Executrix, or her successors, pending settlement of my estate, to sell, convey, mortgage, lease, exchange, encumber or otherwise dispose of any and all of the property, real, personal or mixed, at any time be- longing to my estate, either at public or private sale, without prior approval of any court, and at such times and for such price or prices and in any such case upon such terms as she may think best in her dis- cretion, and I authorize and empower my said Executrix to execute, acknowledge and deliver to the purchasers, grantees, mortgagees, vendees, assignees or other persons, such oontracts, deeds, mortgages, bills of sale, and all other instruments of writing necessary or proper without obligation upon the latter to see to the proper application of the proceeds. She shall also have the power to compromise or otherwise to settle or adjust any and all claims, charges, debts and demands whatso- ever against or in favor of my estate, as fully as I could do if living. She shall further be empowered to carryon and conduct any business enterprise which I may be engaged at my death, to retain any assets, including stocks or securities which I may own at the time of my death, pending settlement of my estate, without regard as to whether or not such assets or securities are legal investments for fiduciaries, and may make distribution in kind to my trustees. Pending settlement of my estate, she shall also have the authority in her discretion to convert, sell, exchange or dispose of such assets and securities either for cash or for terms satisfactory to her and to acquire other assets without limitation to securities or investments as may be declared legal for in- vestment for fiduciaries. She shall further be empowered to borrow money, and to pledge assets of my Estate as security therefor, for the purpose of paying taxes which may be levied upon or payable by my estate, in accordance with this Will in the event that funds in the hands of my Executrix, or her successors, shall be insufficient to pay such taxes, and if, in the opinion of my Executrix, or her successors, it appears that conversion of securities and other assets, real and personsl, would then be made at a sacrifice. -9- ~ / :;J,)6 FIFTEENTH: I do hereby nominate, constitute and appoint my wife, BARBARA McK. MUMMA and my daughter, LISA M. MUMMA, or the survivor of them, to be the co-Executrixes of this my Last Will and Testament. In the event that both my wife, BARBARA McK. MUMMA, and my daughter, LISA M. MUMMA, should both renounce this office, refuse this appointment, predecease me or for any other reason be unable to serve in this capacity, then and in that event, I direct that the DAUPHIN DEPOSIT BANK AND TRUST COMPANY, of Harrisburg, Penn- sylvania, shall be the successor Executor of this my Last Will and Testament and as such Executor shall have all the rights, privileges, obligations and duties conferred and created by reason of this appoint- ment. In addition, as established in paragraphs Seventh and Eighth of this my Last Will and Testament, I nominate, constitute and appoint my wife, BARBARA McK. MUMMA, and my daughter, LISA M. MUMMA, to be the co-Trustees of the Trusts established by me in said paragraphs Seventh and Eighth, to administer said Trusts as herein directed. In the event that my daughter, LISA M. MUMMA, should renounce this office as Trustee, refuse this appointment, predecease me or for any other reason be unable to serve in the capacity as Trustee, then and in that event, I direct that my son, ROBERT M. MUMMA, II, shall be the succes- sor co-Trustee to serve as such, with my wife, BARBARA McK. MUMMA, in both of the Trusts herein created. Upon the failure, for any reason of my son to serve in that capacity, the DAUPHIN DEPOSIT BANK AND TRUST COMPANY is hereby constituted and appointed to serve as the successor co-Trustee, with my wife, BARBARA McK. MUMMA, in both of the Trusts herein created. 1 ~N WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of May, A.D., 1982, at the end hereof. .@..t.,,~?\t.1t~ ~~4.. v~_SEAL) Ro ert M. Mumma SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, ROBERT M. MUMMA, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of each other, all being present at the same time, have hereunto set our hands as wit esses: J .J (J --;(kt/l4<?~#'I. /.,. A dress~?4 /3 N Name JI,.i<.~ FIRST CODICIL TO LAST WILL AND TESTAMENT OF ROBERT M. MUMMA KNOW ALL MEN BY THESE PRESENTS, that, whereas, I, the undersigned, ROBERT M. MUMMA, of the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, did on the 19th day of May, 1982, make, execute, publish and declare my Last Will and Testament in writing, bearing date the day and year aforesaid; and WHEREAS, I now desire to make certain changes therein and modifications thereof and additions thereto. NOW, THEREFORE, I, ROBERT M. MUMMA, being of sound mind and memory, do make, publish and declare this my First Codicil to my said Last Will and Testament in manner following, that is to say: I hereby revoke, in its entirety, paragraph Fifteenth of my Last Will and Testament of May 19, 1982, and substitute in its place the following paragraph numbered Fifteenth as if said paragraph had been fully set forth therein: FIFTEENTH: I do hereby nominate, constitute and appoint my wife, BARBARA McK. MUMMA, and my daughter, LISA M. MUMMA, now LISA M. MORGAN, to be the co-Executrices of this my Last Will and Testa- ment. In the event that my wife, BARBARA McK. MUMMA, or my daughter, LISA M. MORGAN, should renounce this office, refuse this appointment, predecease me, or for any other reason be unable to serve in this capacity, then and in that event, I direct that my daughter, BARBARA M. McCLURE, shall be the successor co-Executrix of this my Last Will and Testament, and as such co-Executrix shall have all of the rights, duties, privileges and obligations conferred and created by reason of this appointment. I further direct that in the event of the inability, for any reason whatsoever, for any two of the above-named co-Executrices (original or successor) to serve in such capacity, the third, the survivor of the three, shall serve as a sole Executrix of this my Last Will and Testament, however, in the event that all three ~ Ii ,. ;':~ ,.1C of my individual co-Executrices shall be for any reason unable to serve, then and in that event, I direct that DAUPHIN DEPOSIT BANK AND TRUST COMPANY, of Harrisburg, Pennsylvania, shall be the successor Executor of this my Last Will and Testament and as such successor Executor, shall have all of the rights, duties, privileges, obligations and duties conferred by reason of this appointment. In addition, as to the trusts established in paragraphs Seventh and Eighth of this my Last Will and Testament, I do now nominate, constitute and appoint my wife, BARBARA McK. MUMMA, and my daughter LISA M. MUMMA, now LISA M. MORGAN, to be the co-Trustees of both of the trusts established by me in paragraphs Seventh and Eighth, to administer said trusts as directed by my Last Will and Testament. In the event my daughter, LISA M. MORGAN, should renounce this office as Trustee, re- fuse this appointment, predecease me, or for any other reason is unable to serve in the capacity of Trustee, then and in that event, I direct that my daughter, BARBARA M. McCLURE, shall be the successor co-Trustee to serve as co-Trustee with my wife, BARBARA McK. MUMMA, in both of the trusts herein created. Upon the failure, for any reason of my daugher, BARBARA M. McCLURE, to serve in that capacity, the DAUPHIN DE- POSIT BANK AND TRUST COMPANY, of Harrisburg, Pennsyl- vania, is hereby constituted and appointed to serve as successor co-Trustee with my wife, BARBARA McK. MUMMA, in both of the trusts herein created. AND, I do hereby ratify and confirm all and singular the provisions of my said Last Will and Testament dated May 19, 1982, except as changed and modified by this my First Codicil thereto. l ~N WITNESS WHEREOF, I have hereunto set my hand and seal this _a day of October, 1984. ~~.,...t.'1 -' - Ro ert M. Mumma ..( SEAL) . I.f;~ . <fj" .....AJ' SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, ROBERT M. MUMMA, as and for his First Codicil to his Last Will and Testament, dated May 19, 1984, which Codicil con- sists of two (2) pages in addition to this page, in the presence of us, who at his request, in his presence and in the presence of each other, all being present at the same time, have hereunto set our hands as witnesses: d~4-/L~ Name 4t-L:-~i g, Address ])4.~i...l:.., I ~. Address' ~ ~~7 ~, A ress ' ~bAf.L €. 1'0" ~ V ~~;.,a-,f1~ ame . ;'- < ,0 2' - 86 - 398 REGISTER OF WILLS OF Cumberland COUNTY OATH OF SUBSCRIBING WITNESS Jane E. Page and Patricia A. Reber codicil (each) a subscribing witness to the .mk presented herewith, (each) being duly qualified according to law, depose(s) and say(oj that they were present and saw Robert M. Mumma the testat or , sign the same and that they each signed as a witness at the request of testat~ in h is presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirme~d subscribed before me this 5 day of ~ ~~ 1986 ~ . './h-~~ MA~Y CLEWIS R 't egis er ~n~ E. f6q.R. O'(Name) 1'111 i..ll c,I<.-= Ltwc /)wPIIW IJ /7018 ~/;. /a~/ &/~4/~/~~-/4/?/tfY (Address) REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF NON-SUBSCRIBING WITNESS JANE E. PAGE and PATRICIA A. REBER (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that THEY ARE familiar with the signature of ROBERT M. MUMMA :E~ will testat..QL of (one of the subscribing witnesses to) the that THEY ROBERT to the best of THERI M. MUMMA knowledge and belief. Sworn to or affir~ and subscribed before me this S- day of . 19 "0 /7 presented herewith and ~ believeXthe signature on the will is in the handwriting of ~ML E fJ;~ (Name) -:0. 12 :Ll~~4~A "; ,~, · "",g ~(N.~ ~ 6/~ ~.'PZ~ ~./ 'r/7/(}/ (Address) "":} " )", R'~ -- -- ~ ~ "a.~ " n -u " Z "' m I I~ :D ~ 0 0 ,. ,. r <f> m C <f> -< ;:: m -< n a~ ;:: m -< m ,. m Z ;:: m Z -< <' ,. 0 :1 0 C m :D ~ ,. ~ 0 ;:: m [f) " :D ~ Z " " -u '" 'Oi m <f> " ~ " ~ ~ in ,. m m m 0 :D ~ " :D '" r ,. ;;: n :D 0 :x: m ;;: ;;: -< m " m Z m ~ ~W'n1 -< z -< " N '? ::1'0 " ~ I-' ::8.aS. I ~ I :f* ~ !.o!~ '" ~ i I .:s-" ... ... ';-I:"'X I-' 00 '" ... CD e:i~~ I-' ... 0 N II - " .... - 8. ~J -=-X ... ~g)"1 00 j It CD ) ...1! I" (JI 00. ...'" Oell... ~X w I: :Xl (II m . - G) L ~ Ui --I l'l' m :D ::D m E] '< ,. " ~B t:.J m .. "Tl <' --I . ~::E m 0 '" " --I 3 '" ,. " ;~. -< r ~ :r) n I~ ,. ... s: 0 0 ~ 0 I-' Q. c z Z --I ~ -" 1:: 0 .... ~ .. .. 0 0 ,. 0 0 s: - - 0 0 0 c 8 0 z 0 --I . . 0 0 0 0 ~=P1t -".":.Rll - ..~...-1.~...~___......_ &----.~ z 9 Z N N CO CO v.> (..Jl o ::l n '~ :0 m Hl ~ (') o s: ~, · 0 '" ::z ~.~~, z 'Om' 00 ,......' ~':D .- . ,,'~r. m-l ~~:r )1;00 ~,"Tl "'T1 Z":O :x:m-o <m ~~z ::;jc z' )>' m Z (Jl (:l -< m r ):> <. z' )>, <:;1 Z, m 5> ((), --I ~f m ~' - ---.---.----- --- - .-------- ----- --- Hl()~,90~ REV. 2-86 This is to certify that this is a rrue copy of the record which is on file in the Pennsylvania Division of Viral Records in accordance with Act 66, P.L. 304, apptoved by the leral Assembly, June 29,1953. WARNING: It is illegal to duplicate this copy by photOlltat or photograph. No. CJ-l. II~ Fee for this certificate, $3.00 Charles Hardester State Etegisrrar 257782 ~~A'{ ! 9 198€ Date COMMONWEALTH OF PENNSYLVA.NIA DEPARfMENT OF HEALTH VITAL l<ECOl<DS CERTIFICATE OF DEATH (Physician) 039566 STA.TE FIL~ NO Pa. iZ,pCode) 17 043 Marllal Slatus gMarried 0..1, Yrl N'lInrofdtcrdent (First! Robert (Middlel Mann (Lml Mwnma 1. Race - (r,,}., Wtlitr. 8lade., Amll,[\r.fI_nJ~ian.etc.) 4 Wn~1:.e Co1.lrrty01deam Age \Ul \Nlh. ,,, SA. 71 11unOerly. Mos. Davs II under 1 day Hours I Min SC Dateo! b.i.-th,Mo,Dav.'l', State or foreign country of 6All-2-l4 ~~tn Pa. C,ly, Boro, or Two. of blflh 58 60Harrisburg City, 80ro.or Two otdeath Hoso'lal or InHitut,orl (If rlot e.mer. g've address I 7A. Perry " Watts Twp. 7C Amity Farms Decedent"! Mailing Address IStrret or RFD ~o) 'Cty;jr Town) (Slatel .. 49 Hillcrest Road Wormleysburg, lo.Barbara McKimmie town~hip, II. 12 195-07-1889 13. Usual OCcupal'OI'lIK,nd of work done dur<ng mOSl Kind of busjrles~ o' .ndUllry ot work,ng 100el O'NITIer of Business and Supplies 14A. USA Wa~ decedent ever <n US Armed Forces' Social Security Number ~Yes 01'10 Citizen ot what COUrltry? Where did <jee\!'dtM acluallylive? 15, ,na towrlShlp] 1~,D 'l'e-s,<jeceden\;i,,~,n 15d,[X){No. deceder1l I'~ed w,th,n actua!lim,TS at lSa.State 15b. County Pa. Cumberland O.d decedent live Worrnlevsburq cay 01 bora Fathel'lname II'"sll !M'ddle) (Last) Mumma Morher', ma,den name 1FtrSl) Isabel iM'ddlel iLa,l) Hanhauser 16 Walter Mununa Informant's Mall.ngaddress 49 "8 17 ISlreet or AFO NO.1 Hillcrest Road ICily or Town) Worrnleysburg, {Slalel IZipC;:Jdel Pa. 17043 8uria: o Removai Date of burial ~tc lIIameot cemeleryor crematory Locat,on iCity boro. twpl IState) Pa. O 0 ,- 4-15-86 1<lA. C.ematlon Other "" Signatureot.J;tlnerald"ectOrandlicensel'lu.::;.be/" 20A. ~.1<.-t- :<1 ~~-""UF",-"", Registr 'sSignature lOCEast Harrisburg Cemetery 190 Harrisburg, fD-~-g;] Name and addre.sof funeraleslabii,hment Myers-Hall Funeral Horne Inc. 1903 Market St. Box 291 2~P Hill, Pa. 17011 21A. ;>.!. fe.' '77 ~ ~ To the best of my knowledge, deal ~i tlwcamebl;l111ed 11 "' ji~ ~6 A.M .a~ ..:1 ~ '4. ,.. IAI Due 10,or as, consequenc PART I 181 O~e la, or as, consequence 01' lei Interval between\Jn~tarlddeath I I I 1""\'H'.albetwff-Tlonloll'tanddnth I Ilnter~al belWl!f1rl onwt .md d~ath I I PART II Other Significant Cooditions - Conditions contr'bc.lI'ng to death but no! rel,tM to caus.e g,vrn Ln Part! (al Autopsy 0'" 27 DNa WitS case r./errrd 10 Medical E.. iIm;n.,.or Co(oner? 19. 0 Ves No At;t;., icidll,Hom.,Ul'Idet.Of Pendil'l9lnvestigllion (Specify) ,." "lury'1 war O'I,ollnju'y ~Mo, Diy, Yr_) Hourot Injury 'OC. A.M. PM. Descnbf how Injury oecum:d- ICe 0 ",ury t orne, 11m, street, 'lC. 29D LocatlOl'T rMtOf No. itv, rO,or w9. j taNl 29B. 29E. OM. DYu >Of 29G. /3" 21 - 86 - 398 -- cO -,.;..... c..,~",,- \ ,