HomeMy WebLinkAbout07-30-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s)named below,who is/are 18 years of age or older,apply(ies)for Letters as specified below, and in support thereof aver(s)the
following and respectfully request(s)the grant of Letters in the appropriate form:
Ruth A. Berry
Decedent's Information I
Name: J. Douglass Berry File No: 21-15
a/k/a: John Douglass Berry (Assigned by Register)
a/k/a:
a/k/a: Social Security No: 204-14-3452
Date of Death: 07/09/2015 Age at Death: 88
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 1497 Maplewood Drive,New Cumberland 17070 Lower Allen Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1497 Maplewood Drive New Cumberland, Cumberland Pennsylvania
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 $ 325,000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $
TOTAL ESTIMATED VALUE $ 325,000.00
Real estate in Pennsylvania situated at
(Attach additional sheets,it necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
®A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 04/21/2003 and Codicil(s)
thereto dated 04/28/2010 06/23/2011
State relevant circumstances(e.g.,renunciation,death of executor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate, Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS ❑ EXCEPTIONS None.
❑ B. Petition for Grant of Letters of Administration (If applicable)
ata.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate
If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs.
Except as follows:Decedent was not a party topending divorce proceedingwherein 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 adudicated an incapacitated person.
❑NO EXCEPTIONS ❑ EXCEPTIONS r�
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the followin¢SpBse(if anp)and he`ids f4tach
additional sheets,if necessary): 3:: C— rrt 61
M c- 2 p
Cn
Name Relationship Address r= :'' m CZ
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c^ r1 Z:3
` 0 r Pr1
Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF Cumberland
Petitioner(s)Printed Name Petitioner(s)Printed Address
Ruth A.Berry 1497 Maplewood Drive
New Cumberland,PA 17070
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,Petitioner(s)will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before &ztd a,- Date 7 A
me this 2S" day of A1W 211.5 d' Date
By: �A— j lrrle�_l
L Date
(IFor the Register V e7--, Date
BOND Required? M YES Q NO To the Register of Wills:
FEES: Please enter my appearancey signature below:
Letters...._..........____............... $ 360.00 Attorney Signature:
5 )Short Certificate(s)......... 25.00
)Renunciation(s)......
2 )Codicil(s)........................ 30.00
)Affidavit(s)...................... Printed Name: Stanley A.Smith Esq.
Bond................._.......... .............. Supreme Court
Commission................................ ID Number: 33782
Other
Firm Name: Rhoads&Sinon LLP
Address: P.O.Box 1146 ry
Harrisburg,PA 17108-11
F—
Phone: 717-233-5731 CZ) M
Automation Fee... ......... ......... 5.00
Fax: C>
JCS Fee......_ ............__....... 35.50
TOTAL......................................... $ 455.50 E-mail: ssmith@rhoads-sinon.c6-ffi r —73 _n
fit
DECREE OF THE REGISTER Cn C>
Date of Death: 07/09/201 9\)
Social Security No: 204-14-3452
Estate of J. Douglass Berry. File No: 21.15
a/k/a: John Douglass Berry
AND NOW,— :�� � in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Ruth A.Berry
in the above estate and(if applicable)that the instrument(s)dated 04/21/2003 04128/2010 06/2312011
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s e
di ))o f Decedent.
RWs er of Nils
1r'%MtW)U
Copyright(c)2411 form software only The Lackner kner Grouiplinc, Page 2 of 2
H105.805 REV(9/11)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
RECC)RC PPje IIs illegal to duplicate this copy by photostat or photograph.
REGIS? } EF
OF WILLS
Fee for this certe, 0 ,,,Im""""-- This is.to certify that the information here given is
Q �2 TH OF. correctly copied from anoriginalCertificate of Death
��`',oy► duly filed with me as Local Registrar. The original
CLEi�', i y certificate will be forwarded to the State Vital
ORPHANS, a Records Office for permanent filing.
,� yy�
JUV 10 fil
---,HENT OF 11 T
Certification Number- """"""""'JI Local Registrar Date Issued
Type/Print In COMMONWEALTH OF PENNSYLVANIA•DEPARTMENT OF HEALTH•VITAL RECORDS
Permanent CERTIFICATE OF DEATH
Black Ink State File Number:
1.Decedent's Legal Name(First,Middle,Last,Suffix) 2.Sex3.Social Security Number 4.Date of Death(Mo/Day/Yr)(Spell Mo)
John Douglass Berry male 204-14-345' 9, 2015
Sa.Age-Last Birthday(Yrs) 5b.Under 1 Year Sc.Under 1 Da 6.Date of Birth(Mo/Day/Year)(Spell Month) 7a. Irchplac City a State or?reign Country)
88 Monro: Days Hours Mlnuces July 26, 1926 Fest el�e. ng, �A
7b.Birthplace(County); eX,ks
8a.Residence(State or Foreign Country) 8b.Residence(Street and Number-Include Apt No.) 8c.Did Decedent Live In a Township?
! PennsY lvania ' 1497 Maplewood Drive Ves,decedeni Iwed In Lower Allen twP.
8d.Residence(County)
Cumberland aa.Resldenle(ZIP Code) "TJHo,decedent u,ed within limits of city/bor..
9.Ever in US Armed Forces? SO.Marltal Status at Time of Death Marrletl 0 Widowetl 11.Su rviving Spouse's Name(If wife,give name prior to first marriage)
�'
Yes
0 No D unknown O Divorced O Never Married O unknow Ruth Arlene Himmelberger
12.Father's Name(First,Middle,Last,Suffix) 13.Mother's Name Prior to First Marriage(First,Middle,Last)
C_ Radford Berry Kathryn Acker
14a.Informant's Name 14b.Relatlonshlp to Decedent 14c.Informant's Mailing Address(Street and Number,City,State,Zip Code)
9 Ruth A. Berry Spouse 1497 Maplewood Dr. , New Cumberland,PA 17070
G _ _ _ _ __ _ _ _ _ _ _ _ lsa.Place o Deac c ec Wly-o e _ _ _ _
it! If Death Occurred In HOspltal: [] Inpatient I If Death Occurred SO mewhe re Other Then a Hospital [�Hospice Facility Decedent's Home
0 Emergency ROOM/Outpatient 0 Deed on Arrival 0 Nursing Home/Long-Term Care Facility 0 Other(Specify)
15b.Faclllt Name(If not Institution,give street antl number) I Is..City or Town State,and 21 Code OW Al en TWp_ 15tl.County of Death.
149 Maplewood Drive New Cum'6erlandP, P� 1707
0 Cumberland.
may, 16a.Method of Disposition 0 Burial Cremation 16b.Date of Dlsposltion 16c.Place of Disposition(Name of Cemetery,crematory,or other place)
0 Removalfromstate: M Dpnation July 10,2015 Evans Crematory
0 other(Specify)
16d.Location of Disposition(City or Town,State,and Zip) 17a.Slgn rel Service Licensee or Person in Charge of Interment 17b.Ucense Number
Scliaefferstowa, PA 17088 FD 012 848 L
E 17c.Name a d Complete Address of Funeral Facility "
g Pa77it. ore FH & CS," =nc. , 1303 Bridge St. New Cumberland, PA 17070
18.Decedent's Education-Check the box that best describes the 19.Decedent of Hispanic Origin-Check the 20-Decedent's Race-Check ONE OR MORE races to indicate what
I- highest degree or level of school completed at the time of death. box that best describes whether the decedent the decedent ,nslderad himself or herself to be.
r_3 8th grade or less is Spanish/Hispanic/Latino. Check the"No" 09�White Korean
0 No diploma,9th-12th grade box if decedent is not Spanish/Hispanic/Latino. 0 Black or African American 0 Vietnamese
0 High school graduate or GED completed No,not Spanish/Hispanic/Latino O Amerlcan Indian or Alaska Native O Other Aslan
0 Some college credit,but no degree Ves.Mexican,Mexican American,Chicano 0 Aslan Indian 0 Native Hawaiian
O Associate degree(e.g.AA,AS) 0 Yes,Puerto Rican O Chinese 0 Guamanian or Chamorro
Bachelor's degree(e.g.BA,A0,BS) 0 Yes,Cuban 0 Filipino 0 Samoan
Master's degree(e.g.MA,MS,MEng,MEd,MSW,MBA) 0 Yes,other Spanish/Hispanic/Latino 0 Japanese 0 Other Pacific Islander
0 Doctorate 1-8,PhD,EdD)or Professional degree (Specify) 0 Other(Specify)
law..
MD DDS DVM LLB lD
21.Decedent's Single Race Self-Designation-Check ONLY ONE to Indicate what the decedent considered himself or herself to be. 22-Decedent'sUsual Occupation-Indicate type of work
White 0 Japanese 0 Samoan done during mst of working life. DO NOT USE RETIRED.
Black or African American 0 Korean 0 Other Pacific Islander Electrical En inset
Q 0 American Indian or Alaska Native 0 Vietnamese 0 Don't Know/Not Sure g
�= 0 Asian Indian 0 Other Aslan 0 Refused 22b.Kind of Business/Industry
0 Chinese 0 Native Haw-Ilan 0 Other(Specify)
O Filipino O GuamanlanorChamprro Engineering
ITEMS 23,-23d MUST BE COMPLETED 23e.Date Pronounced Dead(Mo/Day/yr) Z3b,Signature of Person Pronouncing Death(Only when applicable) :23c-License Number
BY PERSON WHO PRONOUNCES OR - -
CERTIFIES DEATH ..
3d.Date Signed(Mo/Day/Yr) 24 Time of Deat
Aprox. :00 a_m_ zs.was Medical Examiner or Coroner Contacted? Yes Q NO
CAUSE OF DEATH - I Ap Proximate
26.Part 1. Enter the chain of events--diseases,Injuries,or complications--that directly caused the death. DO NOT enter terminal events such as cardiac arrest, 1 Interval:
respiratory arrest,or ventricular fibrillation wiitt�h_-/orut showing the etiology. DO NOT)ABBREVIATE.
Entonly one cause on a line. Add additional lines If necessary- I Onset
to Death
IMMEDIATE CAUSE -------------- a. / "'G�G �ye G.i/L d�' � ---.✓ f/�_ %Ori I �ji.a..
(Final disease or condition Due to(or as a consequence of):
resulting In death) .
b
Sequentially list conditions, Due to(or a,a consequence of):
if any,leading to the cause
listed on Ilne a. Enter the
UNDERLYING CAUSE - ,. Due to(or as a consequence of):
(diseaseor Injury that
F Initiated the events resulting d.
In death)LAST, Due to(or as a consequence of):
s 26.Part 11. Enter other significant conditionsri uY n h but not resulting in the underlying cause given in Part I. 27.Was an autopsy performed?
0 Yes- 41.1 No
We-
findings available
pa
to c mplete the c of death?
0 Yes 1s�i No
,- 29.If Female: 30.Did Tobacco Use Contribute to Death? 31.Manner of Death
E E3 Not pregnant within past year 0 Yes 0 Probably _01 Natural 0 Homicide
19 E3 Pregnant at time of death i f No 0 Unknown 0 Accident 0 Pending Investiga Non
0 Notpregnant,but pregnant within 42 days of death 0 Suicide 0 Could not be determined
.2 0 Not pregnant,but pregnant 43 days to 1 year before death 32-Date of Injury(Mo/Day/Yr)(Spell Month)
V O Unknown if pregnant within the past year 33.Time of Injury
QJ
34.Place of Injury(e.g.home;construction site;farm;school) 3S.Location of Injury(Street and Number,City,County,State,Zip Code)
36.Injury at Work 37.If Transportation Injury,Specify: 38.Describe How Injury Occurred:
J!
0 Yes
0 Driver/Operator 0 Pedestrian
O No 0 Passenger 0 Other(Specify)
39a.Certifier-physician,certifled urse practitioner,medical examiner/coroner(Check only one):
Certifying only-To the best of my knowledge,death occurred due to the cause(s)and mann r stated.
0 Pronouncing&Certifying-To the best of my knowledge,death occurred at the tlme,date,and place,and due to the causes)and manner stated.
0 Medical Examiner/Coro] r- n the basis of examination and/or Investigation,In my op Inion,death occurred at the time,date,and place,and due to the causes)and manner stated-
Signature of certifier: Title of certifier: License Number."7 0
39b.Name,Address andZip Code of Person Completing Cause of Death(Item 26) 39c.Date Signed(Mo/Day/Yr)
o,r- "q .G- 2-/<yC L/__ cc �-r.,i-c••��. /✓ /7i- O 7 09�.Zd/.�
j 40.Registrar's District Number 41,Registrar=re 42,Reigl,trar File Date(Mo/Oay/Yr)
43.Amendments .
a
H105-143
Disposition Permit NO. RFV n7/JntJ
LAST WILL AND TESTAMENT
RECORDED OFFICE OF
REGISTER OF WILLS OF
?015 JUL 30 HM 10 92 J. DOUGLASS BERRY
CLERK, OF
ORPHANS' x 0;J;�i
CUMB ER LA's[)Iri ,J.--DOUGLASS BERRY, of Lower Allen Township,
Cumberland County, Pennsylvania, being of sound and disposing
mind and memory, do make, publish and declare this to be my Last
Will and Testament, hereby revoking all Wills and Codicils by me
at any time previously made.
I am married to Ruth A. Berry (hereinafter referred to
as "My Spouse") and the children born of our marriage are Janet
L. Kramer and J. Frederick Berry. As used herein the term "my
children" shall refer to the aforelisted children born of my
marriage with My Spouse .
1 . TANGIBLE PERSONAL PROPERTY. I give and bequeath
all of my household furniture and furnishings, automobiles, other
motor vehicles, books, pictures, jewelry, china, crystal,
appliances, silverware, wearing apparel, articles of household or
personal use or adornment (but excluding any boats which I may
own) , together with all policies of insurance thereon, to My
Spouse, if My Spouse survives me . If My Spouse does not survive
me, I give such articles to my children living at my death in as
nearly equal shares as they shall select under the supervision of
Page 1 of 14 Pages
466152.1
i
I it # 1 4
my Executor. Any cost of packing and shipping said personalty to
the beneficiaries, including insurance, shall be paid by my
Executor as a general administration cost . If any such articles
cannot be fairly divided or distributed in kind in the opinion of
my Executor, such articles shall be sold and the proceeds thereof
shall pass as a part of my residuary estate.
2 . BEQUESTS .
(a) I give and bequeath any boat or boats which I
may own at my death to My Spouse, RUTH A. BERRY, if she
survives me .
(b) I give and bequeath the sum of Ten Thousand
Dollars ($10, 000 . 00) to PINNACLE HEALTH FOUNDATION,
Harrisburg, Pennsylvania.
(c) If I survive My Spouse, I give and bequeath
the sum of Ten Thousand Dollars ($10, 000 . 00) to GRACE
EVANGELICAL LUTHERAN CHURCH, 1610 Carlisle Street, Camp
Hill, Pennsylvania.
3 . RESIDUE .
(a) I give, devise and bequeath all the rest and
residue of my property, real, personal and mixed, not
disposed of in the preceding portions of this Will,
including all property over which I hold a power of
appointment (which powers of appointment I hereby
exercise in favor of my estate) , to My Spouse, if My
Spouse survives me .
(b) If My Spouse disclaims all or any portion of
the bequest intended to pass to My Spouse under
paragraph (a) of this ITEM 3, I give and bequeath said
disclaimed property to my Trustee hereinafter named, IN
TRUST NEVERTHELESS, to be held, administered and
disposed of in accordance with ITEM 4 for the benefit
of My Spouse and my issue (herein referred to as the
"Unified Credit Trust") .
Page 2 of 14 Pages
(c) If My Spouse does not survive me, I give,
devise and bequeath all the said rest and residue of my
estate to my issue living at my death, per stirpes;
provided, however, that should any such issue be the
issue of a deceased child of mine and shall not then
have attained the age of twenty-five years, each such
issue ' s share shall be retained by my Trustee, IN TRUST
NEVERTHELESS, each to be held, administered and
disposed of as a separate trust estate in accordance
with ITEM 5 for the benefit of each such issue (the
"Grandchild' s Trust") .
4 . UNIFIED CREDIT TRUST. My Trustee shall have,
hold, manage, invest and reinvest the assets of the Unified
Credit Trust, collect the income and
(a) Beginning at my death, my Trustee shall pay
over the net income of the Unified Credit Trust to My
Spouse during My Spouse ' s lifetime, in installments not
less frequently than quarterly. In addition, my
Trustee shall pay to My Spouse such amounts of the
principal of such trust as, in the sole discretion of
my Trustee, shall be necessary for the maintenance,
support and medical and nursing care of My Spouse,
taking into consideration any other means readily
available for such purposes .
(b) Upon the death of the survivor of My Spouse
and me, my Trustee shall distribute the principal and
any undistributed income of the Unified Credit Trust to
my issue then living, per stirpes; provided, however,
that should any such issue be the issue of a deceased
child of mine and shall not then have attained the age
of twenty-five years, each such issue ' s share shall be
retained by my Trustee, IN TRUST NEVERTHELESS, each to
be held, administered and disposed of as a separate
trust estate in accordance with ITEM 5 for the benefit
of each such issue (the "Grandchild' s Trust") .
Page 3 of 14 Pages
5 . GRANDCHILD' S TRUST. My Trustee shall have, hold,
manage, invest and reinvest the assets of each Grandchild' s
Trust, collect the income and
(a) Until the beneficiary of the Grandchild' s Trust
(the "Grandchild") shall have attained the age of twenty-
one years, my Trustee shall from time to time pay to or
for the benefit of the Grandchild such amounts of the net
income and principal of the Grandchild' s Trust as, in the
sole discretion of my Trustee, shall be necessary for the
Grandchild' s maintenance, support, medical and nursing
care and education, including college and graduate
education, taking into consideration any other means
readily available for such purposes . At the end of each
year any unexpended income shall be added to the principal
of the Grandchild' s Trust.
(b) After the Grandchild shall have attained the
age of twenty-one years, my Trustee shall thereafter pay
to the Grandchild the net income derived from the
Grandchild' s Trust in installments not less frequently
than quarterly and such amounts of the principal as, in
the sole discretion of my Trustee, shall be necessary for
the Grandchild' s maintenance, support, medical and nursing
care and education, including college and graduate
education, taking into consideration any other means
readily available for such purposes .
(c) If at the time of the creation of the
Grandchild' s Trust the Grandchild shall have then attained
the age of twenty-five years or if the Grandchild shall
thereafter attain that age, my Trustee shall distribute
outright to the Grandchild the then remaining principal of
the Grandchild' s Trust.
(d) If a Grandchild shall die before final
distribution of the assets of the Grandchild' s Trust is
made, the then remaining principal and any undistributed
income of the Grandchild' s Trust shall be distributed to
the Grandchild' s issue then living, per stirpes; or if the
Grandchild shall have no issue then living, to the issue
then living of the parent of the Grandchild who was a
child of mine, per stirpes, or, if such parent shall have
no issue then living, to my issue then living, per
Page 4 of 14 Pages
r r r
stirpes; provided, however, in any event, if any such
beneficiary is then a beneficiary of a Child' s Trust or
Grandchild' s Trust hereunder, the share of such
beneficiary shall be added to the principal of such
Child' s Trust or Grandchild' s Trust, as the case may be,
as if an integral part thereof, to be held, administered
and disposed of in accordance with the terms thereof.
6 . LIMIT ON TERM OF TRUSTS . Nothing herein is
intended to, nor shall it be construed to, postpone the vesting
of any part of the assets of any separate trust estate hereunder
for more than twenty-one years after the death of the survivor of
me, My Spouse and my issue living at the time ' of my death. At
the expiration of such period the assets of all the separate
trust estates hereunder shall immediately vest in fee simple
absolute in and be distributed outright .to the person or persons
then entitled to receive the income therefrom, whether in my
Trustee ' s discretion or otherwise .
7 . SPENDTHRIFT PROVISION. No interest in income or
principal of my estate or any trust created hereunder shall be
subject to attachment, levy or seizure by any creditor, spouse,
assignee or trustee or receiver in bankruptcy of any beneficiary
of my estate or of any trust created hereunder prior to the
beneficiary' s actual receipt thereof. My Executor or Trustee
shall pay over the net income and the principal to the
beneficiaries herein designated, as their interests may appear,
without regard to any attempted anticipation (except as may be
Page 5 of 14 Pages
specifically provided herein) , pledging or assignment by any
beneficiary of my estate or of any trust created hereunder and
without regard to any claim thereto or attempted levy,
attachment, seizure or other process against said beneficiary.
8 . SURVIVAL PRESUMPTIONS . Any person, other than My
Spouse, who shall have died at the same time as I or under such
circumstances that it is difficult or impossible to determine who
shall have died first, shall be deemed to have predeceased me .
If My Spouse and I shall have died at the same time or under such
circumstances that it is difficult or impossible to determine who
shall have died first, My Spouse shall be deemed to have survived
me . Any person other than me who shall have died at the same
time as any then beneficiary of income of my estate or a trust
created hereunder or under such circumstances that it is
difficult or impossible to determine who shall have died first,
shall be deemed to have predeceased such beneficiary.
9 . FIDUCIARY POWERS . In the settlement of my estate
and during the continuance of any trust created hereunder, my
Executor and my Trustee shall possess, among others, the
following powers, exercisable without prior court approval, but
in all cases to be exercised for the best interests of the
beneficiaries :
Page 6 of 14 Pages
(a) To retain any investments I may have at my
death so long as my Executor or Trustee may deem it
advisable to my estate or trust so to do, including
securities owned, issued or underwritten by any
corporate Executor or Trustee or any of their
affiliates .
(b) To vary investments, when deemed desirable by
the Trustee, and to invest in every kind of property and
type of investment, including securities owned, issued
or underwritten by any corporate Trustee or any of its
affiliates, or as to which such Trustee or its
affiliate acts as investment advisor, as the Trustee
shall deem wise .
(c) In order to effect a division of the
principal of my estate or trust or for any other
purpose, including any final distribution of my estate
or trust, my Executor or Trustee is authorized to make
said divisions or distributions of the personalty and
realty partly or wholly in kind. If such division or
distribution is made in kind, said assets shall be
divided or distributed at their respective values on
the date or dates of their division or distribution.
In making any division or distribution in kind, my
Executor or Trustee shall divide or distribute said
assets in a manner which will fairly allocate any
unrealized appreciation among the beneficiaries .
(d) To sell either at public or private sale and
upon such terms and conditions as my Executor or
Trustee may deem advantageous to my estate or trust,
any or all real or personal estate or interest therein
owned by my estate or trust severally or in conjunction
with other persons or acquired after my death by my
Executor or Trustee, and to consummate said sale or
sales by sufficient deeds or other instruments to the
purchaser or purchasers, conveying a fee simple title,
free and clear of all trust and without obligation or
liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry
into the validity of said sale or sales; also, to make,
execute, acknowledge and deliver any and all deeds,
assignments, options or other writings which may be
necessary or desirable in carrying out any of the
Page 7 of 14 Pages
powers conferred upon my Executor or Trustee in this
paragraph or elsewhere in this Will .
(e) To mortgage real estate and to make leases of
real estate for any term.
(f) To borrow money from any party, including my
Executor or Trustee, to pay indebtedness of mine or of
my estate or trust, expenses of administration, Death
Taxes or other taxes .
(g) To pay all costs, expenses, legally
enforceable debts, funeral expenses and charges in
connection with the administration of my estate or
trust .
(h) To vote any shares of stock which form a part
of my estate or trust and to otherwise exercise all the
powers incident to the ownership of such stock and to
actively manage and operate any incorporated or
unincorporated business, including any joint ventures
and partnerships, and to incorporate any such
unincorporated business, with all the rights and powers
of any owner thereof.
(i) In the discretion of my Executor or Trustee,
to unite with other owners of similar property in
carrying out any plans for the reorganization of any
corporation or company whose securities form a part of
my estate or trust .
(j ) To assign to and hold in my estate or trust
an undivided portion of any asset.
(k) To hold investments in the name of a nominee.
(1) To compromise controversies .
(m) To disclaim, in whole or in part, any and all
interests in property owned by me at the time of my
death, including those passing to me by Will,
intestacy, contract, joint ownership, operation of law
or otherwise .
Page 8 of 14 Pages
(n) To designate one or more persons or a
corporation to act as ancillary fiduciary in any
jurisdiction in which ancillary administration may be
necessary, such ancillary fiduciary to serve without
bond or security and to have all powers, authorities
and discretions conferred hereunder.
(o) To employ and compensate from income or
principal, in the discretion of my Executor or Trustee,
investment and legal counsel, accountants, brokers and
other specialists, and, whenever there shall be no
corporate Executor or Trustee in office, a corporate
custodian, and to delegate to investment counsel
discretion with respect to the investment and
reinvestment of any or all of the assets held
hereunder.
10 . EXCULPATORY CLAUSES . In the settlement of my
estate :
(a) My Executor shall not be personally liable
for any loss to my estate or to any beneficiary of my
estate resulting from an election made in good faith to
claim a deduction as an income tax deduction or as an
estate tax deduction.
(b) In valuing property in my gross estate for
the purposes of any Death Tax, my Executor shall not be
personally liable for any loss to my estate or to any
beneficiary of my estate resulting from my Executor ' s
decision made in good faith to use a particular valua-
tion date.
11 . TAX CLAUSE. All inheritance, estate and similar
taxes becoming due by reason of my death, except any taxes
relating to generation skipping transfers imposed under Chapter
13 of Subtitle B of the Internal Revenue Code, as amended ("Death
Taxes") , whether such Death Taxes shall be payable by my estate
or by any recipient of any property, shall be paid by my Executor
Page 9 of 14 Pages
i
out of the property passing under ITEM 3 of this Will as an
expense and cost of administration of my estate; provided,
however, that if any property held in any testamentary or inter
vivos trust created by My Spouse is includable in my estate for
purposes of any Death Tax, then any Death Tax attributable to the
inclusion of any such property in my estate for the purposes of
that Death Tax shall be paid out of such property or by the
recipients of such property; and, if such Death Taxes are
nevertheless paid by my Executor, I direct my Executor to obtain
reimbursement or contribution for any such taxes paid by my
Executor. Except to the extent above provided, my Executor shall
have no duty or obligation to obtain reimbursement for any Death
Taxes paid by my Executor, even though paid with respect to
proceeds of insurance or other property not passing under this
Will .
12 . CUSTODIAN OF ESTATES . If at any time any
individual under the age of twenty-one shall be entitled to
receive any assets free of trust by reason of my death, whether
payable hereunder, by operation of law, contract or otherwise, I
appoint my Trustee hereinafter named as Custodian for such
individual under the Pennsylvania Uniform Transfers to Minors
Act .
Page 10 of 14 Pages
13 . TRUST MERGERS AND TERMINATIONS .
(a) If there should be established by My Spouse,
either by Last Will and Testament or by inter vivos
Deed or Agreement, trusts similar to the trusts herein
established for the benefit of my issue, my Trustee
herein shall have the right and power to merge trusts
herein established with similar trusts for the same
beneficiaries established by My Spouse and to operate
each of the merged trusts as a single trust .
(b) If, in the sole discretion of my Trustee, at
any time any trust hereunder is or becomes too small to
justify its maintenance as a separate trust, my
Trustee, without any liability to any person or
remainderman whose interest may be affected thereby and
without the necessity of court approval, shall
terminate such trust by distributing all the income and
principal of the trust to the then income beneficiary
or beneficiaries of said trust . If any additions to
any such trust are received after its termination under
this ITEM, such trust shall be revived and this
provision shall continue to apply to it . The Trustee
discretion herein granted shall in no event be
construed as giving any potential distributee of a
trust the right to compel a termination in whole or in
part of such trust .
14 . EXECUTOR POWERS REGARDING BASIS ADJUSTMENT. I
hereby authorize my Executor in my Executor' s sole and absolute
discretion to allocate any adjustments to the income tax basis of
assets of my estate to such assets as my Executor deems to be
appropriate . I recognize that this power gives my Executor broad
latitude which I wish my Executor to exercise while taking into
account such factors as my Executor deems beneficial to all of
the beneficiaries of my estate . My Executor shall not be liable
Page 11 of 14 Pages
y i i � • 1 i i ♦ i
for any loss to my estate or to any beneficiary of my estate
resulting from such allocation made in good faith.
15 . EXECUTOR APPOINTMENT. I hereby appoint My Spouse,
RUTH A. BERRY, as Executrix of this Will . If for any reason My
Spouse should fail or cease to act, I appoint my children, JANET
L. KRAMER and J. FREDERICK BERRY, as Co-Executors . If for any
reason either of them should fail or cease to act, the other
shall act or continue to act with all of the powers granted to
the two of them. If My Spouse and children all fail or cease to
act, I appoint FULTON BANK as Executor. All references in this
Will to my "Executor" shall refer to my originally named
Executrix, my successor Co-Executors, or to my sole successor
Executor, as the case may be .
16. TRUSTEE APPOINTMENT . I hereby appoint My Spouse,
RUTH A. BERRY, and my children, JANET L. KRAMER and J. FREDERICK
BERRY, as Co-Trustees of any trust created hereunder. If for any
reason any of the three Co-Trustees should fail or cease to act,
the others or sole remaining Trustee shall serve . So long as a
Trustee or the issue of such Trustee is a beneficiary of any
trust hereunder, such Trustee shall not (i) participate in any
discretionary determination of the Trustee to distribute
principal or income of such trust to or for the benefit of such
beneficiary or to his or her issue; or (ii) participate in any
Page 12 of 14 Pages
i i 1 , 1 a l . r
discretionary determination of the Trustee to terminate said
trust under the ITEM hereof entitled "TRUST MERGERS AND
TERMINATIONS" . An individual Trustee shall be deemed to have
failed to serve as Trustee hereunder if, among other reasons, the
treating physician of said individual Trustee shall certify in
writing that such Trustee possesses permanent mental or physical
incapacities which preclude such Trustee from discharging his or
her duties as Trustee hereunder. If there is ever only one
Trustee serving hereunder and no successor is herein named, such
sole Trustee may, by written notice directed to the life tenant
and the Trust, designate his or her successor (s) or Co-Trustee (s)
to serve with him or her, any such designation to be effective
without court approval . Any Trustee serving hereunder shall have
the right to resign from such office at any time, with or without
cause and without Court approval . No successor Trustee shall be
liable for the actions of a resigning or removed Trustee
occurring prior to such successor Trustee taking office . All
references in this Will to my "Trustee" shall refer to my
originally named Co-Trustees or to my sole successor Trustee, as
the case may be .
17 . WAIVER OF BOND; FIDUCIARY FEES . My Custodian,
Executor and Trustee shall qualify and serve without the duty or
obligation of filing any bond or other security. Any corporate
Page 13 of 14 Pages
fiduciary shall be entitled to compensation for services in
accordance with the standard schedule of fees in effect when the
services are rendered.
IN WITNESS WHEREOF, I have set my hand and seal to
this, my Last Will and Testament, consisting of this and the
preceding thirteen (13) pages, this 21 day of C+ � ,
2003 .
(SEAL)
J'' Doug;liss Ber��---7:)"---
We, the undersigned, hereby certify that the foregoing
Will was signed, sealed, published and declared by the above-
named Testator as and for his Last Will and Testament, in the
presence of us, who, at his request and in his presence and in
the presence of each other, have hereunto set our hands and seals
the day and year above written, and we certify that at the time
of the execution thereof, the said Testator was of sound and
dispo ' ' nd d memory.
(SEAL) Residing at:4?/, 4,6
(SEAL) Residing at : O
Page 14 of 14 Pages
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF �'�--
We, J. DOUGLASS BERRY, ��j,�- ��j Ar��•,,'-�J•� and
the Testator and the Witnesses, respectively,
whose names are signed to the foregoing instrument, having been sworn,
do hereby declare to the undersigned officer that the Testator, in the
presence of the Witnesses, signed said instrument as his Last Will and
Testament, that he signed voluntarily, that each of the witnesses, in
the presence of the Testator and of each other, signed said Will as a
witness and that to the best of the knowledge of each witness, the
Testator was at the time of sound mind and under no constraint or undue
influence.
erry
Wi e
tness
Subscribed and acknowledged before me by J. DOUGLASS BERRY,
the Testator, and subscribed and sworn to before me by
and rzG.tnnt-6DA- hf; ;,��; the witnesses,
on this )-tdr-day of �pr-; 7 2003.
Notary blic
My Commission Expires:
(SEAL)
Notarial Sea]
Cindy L.Lettzel,Notary Public
City Of Harrisburg,Dauphin County
208778.1 My Commission Expires Dec.2,2006
Member,Pennsylvania Association Of Notaries
RECORDED OFFICE OF'
REGISTER OF WILLS CODICIL
?015 JUL 30 Fill 10 92 7=0 THE LAST WILL.AND TESTANIENT
CLERK OF OF
0RPHANS' 0
GUMBERLAND J. DOUGLASS BERRY
I, J. DOUGLASS BERRY, of Lower Allen Township, Cumberland County, Pennsylvania,
being of sound and disposing mind and memory,do make, publish and declare this to be a Codicil to my
Last Will and Testament dated April 21,2003.
1. 1 hereby delete paragraph (a)of ITEM 2 of my Will and in lieu thereof provide the
following new paragraph (a):
(a) 1 give and bequeath the sum of TEN THOUSAND DOLLARS
($10,000.00)to UNITED WAY OF]'HE CAPITAL REGION, 2235 Millennium Way,
Enola,Pennsylvania 17025.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last
Will and Testament, consisting of this one(])page,this 2$ day ofAer, j . 2010.
J. Douglass erry
We,the undersigned, hereby certify that the foregoing Codicil was signed, sealed,
published and declared by the above-named Testator as and for a Codicil to his Last Will and Testament, in
the presence of us, who at his request and in his presence and in the presence of each other, have hereunto
set our hands sea the day d year above written, and we certify that at the time of the execution
thereo said 'es tat r w o sound and disposing mind and memory.
Rhoads& Sl on LLP
(SEAL) PO Box 1146
---- SoSou�i191arKet quare;"t3th ioor
Harrisburg, PA 17108-1146
- --X1X104 5731
7-z��- �v,-- - --
_ _(SEAL) Rhoads & Sinon LLP
- - —_-fO-BoX1t46
One South Market Square, 12th Floor
---Hams b urg,---Pik 17108 1146 —
717-233-5731
Pagel of ] Page
777625.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, J. DOUGLASS BERRY,{amu and� (�
the Testator and the Witnesses, respectively,whose names are signed to the foregoing instrument, having
been sworn,do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses,
signed said instrument as a Codicil to his Last Will and Testament,that he signed voluntarily,that each of
the witnesses, in the presence of the Testator and of each other, signed said Codicil as'a witness and that to
the best of the knowledge of each witness,the Testator was at the time of sound mind and under no
constraint or undue influence.
J. Dou � �
0 T V9
Witness
Subscribed and acknowledged before me by J. DOUGLASS BERRY,the Testator,and
subscribed and sworn to before me by— ;� � � andIm
the witnesses;:on this day of tAc pY i 2010.
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA \
Notarial Seal
Cindy L.Leitzel,Notary Public
C6ty Of Harrisburg,Dauphin County
My Commission Expires Dec.2,2010
membor,Pennsylvania Association of Notaries `
RECORDED OFFICE OF
REGISTER OF WILLS
?015 JUL 30 001 10 93
CLCir, 0 F
ORPHANS' CCCRRT
CUMBERLAND CO., Pia CODICIL
TO THE LAST WILL AND TESTAMENT
OF
J. DOUGLASS BERRY
I, J. DOUGLASS BERRY, of Lower Allen Township, Cumberland County,
Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare
this to be a Codicil to my Last Will and Testament dated April 21, 2003, as amended by Codicil
dated April 28, 2010.
I. I hereby delete ITEM 2(c) of my Will and in lieu thereof add the
following new paragraph (c) to ITEM 2 of my Will as follows:
(c) If I survive My Spouse, I give and bequeath the sum of TEN
THOUSAND DOLLARS ($10,000.00) to each great-grandchild of mine living at my
death, subject to the provisions of ITEM 12 if any such great-grandchild has not attained
the age of twenty-one (21) years at the time of my death. Any one of my Trustees
appointed by my Executor may serve as custodian for each such bequest.
Il. For reasons known to my granddaughter, MANDY L. DUTTERER, I
hereby declare that Mandy shall not be entitled to receive any assets under this Will and she shall
for all purposes be deemed to have died before me. This paragraph II shall apply to Mandy but
not to any of Mandy's issue.
Page 1 of 1 Page
817689.1
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil
to my Last Will and Testament, consisting of this page and the preceding one (1)page, this
day of J u Yze , 2011.
SEAL)
J.bouglasderry
We, the undersigned, hereby certify that the foregoing Codicil was signed,
sealed, published and declared by the above-named Testator as and for a Codicil to his Last Will
and Testament, in the presence of us, who at his request and in his presence and in the presence
of each other, have hereunto set our hands and seals the day and year above written, and we
certify that at the time of the execution thereof, the said Testator was of sound and disposing
mind and any.
Rhoads & Sinon LLP
PO Box 1146
(SEAL) One Seuth Market rniare 12th Floor
Harrisburg, PA 17108-1146
717=2g11_�7'A1
Rhoads & Sinon LLP
(SEAL) PO Box 1146 -door
One South Mare qu ,
Harrisburg, PA 17108-1146
717-2 -
Page 2 of 2 Pages
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
We, J. DOUGLASS BERRY, L(l �nd
1 S I JPf–the Testator and the Witnesses, respectively, whose names are signed to the
foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator,
in the presence of the Witnesses, signed said instrument as a Codicil to his Last Will and Testament, that
he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed
said Codicil as a witness and that to the best of the knowledge of each witness, the Testator was at the
time of sound mind and under no constraint or undue influence.
J. Dau e
M
TeSSA114
F � ,
Hess
Subscribed and acknowledged before me by J. DOUGLASS BERRY, the Testator, and
subscribed and sworn to before me*byWAX t��,and Cb4 U 3
the witnesses, on this 2-3 day of s -c�_ , 2011.
cc--C—L
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENN5YLYAl`!IA
Notarial seat
Cindy L.Leitzel,Notary Public
City of Harrisburg,Dauphin County
My Commission Expires Dec.2,2014
Member.Pennsvivania Association of Notaries
t.
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