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Home My WebLink About07-12-05 PETITION FOR PROBATE and GRANT OF LETTERS No. 21-05-9b /,~ To: Estate of Catherine Mae Bonawitz also known as Social Secuirty No 209-12-6152 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the executors named in the last will of the above decedent, dated December 29. 2004 and codicil(s) dated N/A (state relevenat circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with the Decedent's last family or principal residence at 4;12 '3 n.l~'1da.lD ~trCle-t Rnpt"\lIgh nO: r'orlil;:lt3 , ist street, number and municipality) Decedent, then 86 years of age, died June 13, 2005 623 Glendale Street. Carlisle 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 Decedent 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: $ unestimated $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented hetewith and the grant of lettets Testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) thereon. NAME Signatnre(s) of Peritioner(s) Alvin F. Bonawitz Residence(s) of Petitioner(s) 623 Glendale Street CRrlis]e PA 17013 NAME -:1:.1' Il ' ~~ 7: A~qA/t~}: . STREET CITY STATE ZIP CODE OATH OF PERSONAL REPRSENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirrn(s) that the statement in the foregoing peition 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 truly administer the estate according to law. Sworn to or affirmed and subscribed ff L .j( ~ ' . before me this _II J),. day of 'A"LVIN F. BON~ WITZ ~ iJj}/fI~I~ ;~:n~~ .J1MLJJvf/l~ !2f.~/I"-/;-; eglster~ No. 21-0S-/,)/DL=3 Estate of CATHERINE MAE BONAWITZ Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW , 20.Q.i....in consideration of the petition on the reverse side hereof, satisfactory aving been presented before me, IT IS DECREED that the instrument(s) dated December 29. 2004 ,described therein be admitted to probated filed of record as the last will of r.Athprinp MAP RnnAwit'Z ; and Letters are hereby granted to 4b'in F P:on9Urltl'7 c3 CJ. .lJ:P / 0, Q..O r:J7. ov .MJLJA bA-~b~Mt/ ~Ister 0 Ills q..-d} Robert M. Fr€y, 06274 () ATTORNEY (Sup. Ct. I.D. No.) 5 South Hanover Street Carlisle, Pennsylvania 17013 ADDRESS FEES Probate, Letters, Etc. $ Will $ Renunciation $ Short Certificates ( 3 ) '" $ JCP $ Automation Fee $ Bond $ Total_ $ a 1 do DO Filed }~/il \h ,20() '1 ~ 6" ~..;.- (717) 243.5838 . ~I PHONE W-LLl F ~~ rJ.L/3-SJ1J~ Cf Q(J ID - I.'; {U' REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of Catherine Mae Bonawitz NO. 21-05 -Ofo/3 Also known as .Deceased Robert M. Frey (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that he was present and saw Catherine Mae Bonawitz, the TESTATRIX, sign the same and that he signed as a witness at the request of TESTATRIX in his presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before me this /1 U day of July, 2005 YJj~/h,Lh I' /J4/HJ--{ /~/,J~/I'W-r,0 Register ~~'-~/ "'I.~ Robert M. Frey 5 S. Hanover Street. Carlisle PA 17013 ~A-- . Deputy Name 5 S. Hanover Street. Carlisle PA 17013 ..,..", J , ; +-',j . -' ;~,' -' SlliM :JO 83181838 :10 38!:1:10 03080038 Tl1i -, is 10 certify that the information here given is correctly copied from an original certificate of death duly filed with me as LIL,d Registrar. The original certificate will he fonvarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. P 1"'3'"l':>nCi .L ,J ,.,~ Q No. 4j1f""HH;;~ ,'I<(~\.1-'i1[fl,t;-;.-_ ,""'~/ ~, t~~f. ~~'~' '.;:$' .- , ',-p::. ~ ""'::'('. ' \:e~ ~c:) .- '_::: ~c....'\ "f,.:',_ ".:':b~ ~*'~~ '_ ~,'~"i*::: \4 --- ,,' ,/~l ~('>>, /~\' ~....~l1hl------ -\ ~~ .,l' --~~~~/" ENll.\ !!I"" ~/"HHf,,"1I11 ~~.~~~~ Local Registrar Fee for this cerlifiealL', $6.00 JUN 1 5 2005 Date c2/-05 -Oro/3 ""OS'4JA.,:/!e7 COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH 'PE;,rPAJ.,n '" ,RMANUH LACIIIHII """'I'OFOECEOE"T'f".....,""'.,CO.ll LG.....L.-h e.r. 'n ~ "GE'L...S.,..".,j UHOERIYEAA ..._.... 0.,. /VI bO/1 C,- W '" srAT~'U~U""EA SCC'''l SECURrr.. "uIOBER OA1EOFOCOl'K",",""'" [Ia\,.....1 ~"- . f- . ;to" - I" -/.(, I~-?.. G, -13 - 0-,- ., cou...rr Of OUJH :?lo v," 7: UHO(RID,OY HounI1......,.. !iOSS'IT..... 1"'*.....10 lWilliamstown,P M. fM;lurrwlMEIII nol''''''oI\Aooo,(O've"'....nd"""'".." BIRlKPl.J\CE{C",.n" 3"'."'fO'"Y'C"''',UYI PlACI'OFDe.ol"K'C_.""'......,__''''''_,,,,,.u,,,....'''''''''''.'''''''1 E~"n10 ::;".,u .;1,\ .... rland 1Ie-~ Ot:CEDEN1"SUSU"lOCCUPAfION iG,'..kJro<llWOlk<l<>r>e<k..-"'Q....". oI_k"'llld..,""_"""'....odI . "... Homemaker llb. o..m H me OECI'DENT"S.......ll"lG.oOOA[SSjSl,...._C"vIbwn_Slaoo.Z.,COdel oeCEoeNT"S PA, 17013 C:c.:~,~ I'-~L",,- ~~~~~l"lQ I~""'ox""" II. 62.3 b/~"l<(c._f~ J.../.~v"'_L.) "'oIne<SOOOI FAI"HER.SN....E{F""'M.o"'..'...j 62J Glendale St. Rl.CE-~"-n._.,..........,_ ,-, ....AIT..lSl.uUS_Ao....- ....,.......,_.w_. D_<<<lISpec"'l Marr~ed SUR\lIVlNGSPOlJSE .".....,;jr"'-~ F. Bonawitz 17.51... 17I>.C"" ~ -- live... Cumberland -....nip? 17d_OI ::"';""":..."':".::'0' MOH.ER.Sw.r.lE.r.".......,.._ nom., II. Emma Mae Evans lNFQA...f<HT.S......lllHOAllllRESS\SO,...,CIIyIfowft,SlaIo_<;,:,COdoI 623 Glendale St., Carlisle, PA 17013 PL.oCEOF OISPOS1TlON.NameolCtmelory.C'.mal"'V lClC.tiJlON.CityITown.SWe.z;pCoooo ",,0Uler~ Indiantown Gap 11c. Zld ITV 0 man- 0 __219 N. Hanover St., Carlisle, PA 17013 LICENSE NUMIlEA DMESlG"'ED P S"I.7C,1 D '"-~,-, '31>. '" r 2,," .3-c~ WASC..se AEF~RF!E[) T[) ME[)'C.... O~....IN~RICOAONER? ~ .....0 ~ ~ - Carlisle -- N W e ~ C B 1.. Frank Mo aka l...fOA/olN<T"S.....W' (lypelf'<rIVj _. Alvin F. Bonawitz METHOOOl'O<SPOSITION Il......Q c,......._O __SOOl..o 00neb0n0 OUlerISpoc,,' ,.. SIG_ RSOH T e~"-A)T r).4v>.cJU DUE'fOIORIlS..Co...seOUEI<ICEO!'t tl<t.<-t-....~fAf~ ,"wm.,maIO ;...........-" ;a"""'....."".... : ~f.-) PART II, OU"'.~,IIl;'"I_~IO""..IfI,bul _,..-...gin.....~.,.....g;,..n..PlVlT, m c e " m c w ~ I: OI.JEml<lA~S~cON5EaUEtiC€OF) DUEmlQR"-SACQNSEOU["'CEOF). WERE MlTOf'SY FI"'OI"IGS .oIlI.Jv.8LEPAlCJRm COOAPlE1'IO"'Of'C!.IJSE Of'OERH7 .......HEROfOE..TH .....1..... fiJ o o ONEOFltlJURY 1"'",""Ooy,"""'1 T1..EOFINJURY ItlJUAV.<1WORK7 ClESCAIBE HaWltlJURY OCCUAA,EO -.."'''''' o o O~CEOF'NJURV'AI""",,,.I~.C:;."_I........,.,alhc" ~Ooil(i"\l."C,'SpsIc"1 _ 0 ",,0 .occ"'n, ..."""'9'''''''.........n (;QuId_.......'.'m''''''' " - _0 ~O -~ o J.Z _ ~rli,)J.?of'A 17()J'~ O..rEF'lEOI"'O",'h[),y''''''J . "______ __~~J~,-~ 2k. ~1lI Q:f\'TlfIEAIChot;.cno,"""1 'CUlTWTIMGPHTSIC'''NIPh,,,,,,,,"oo'''''''"90;.0u>eo'<Io.lItn,,,,"n.nOO'''''''v..,..n,,,,,po,,",,,,o)(;@(j,,,,".."""oom.....Od"em~JI la....be...t""k""..lodge.d..'n<;O<<u.....................uHl.j......"'..nno.......,... .PAONOU...C.......o.NaCERTlFYINGPKYSICI.o.HIPt1y>a:..nlloohp.onou,"'''9Ue..handc..''''"'OTOC""soo'"".m\ T.........'o''"..''"..'_..d..th...<~".....,....,_.'''''..."d_........du..'.'n..<.u..4.1....."'..M.'...,.,... '..EOICAlEXAM1HERlCORO"'ER On 'I'l~ b.... at u..m;n..llon ,ntJ/a, IO'''''9.h.n. 'n m, oplnian. du,n accu"ed 011"0 11m... d"e. ond pl.co..nd due '0 Ute ceuH('lond l,.mann..,...t.letl ..... ..,', ,. n~G~~R~R:S'GMU:::_~:MBE~ \\. ~~U~ ---'~-bM-~~l 101- - - --- -- _..~ -------,~- REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of Catherine Mae Bonawitz NO. 21-05 -OfoJ3 Also known as .Deceased Robert M. Frey (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that he was present and saw Catherine Mae Bonawitz, the TESTATRIX, sign the same and that he signed as a witness at the request of TESTATRIX in his presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before me this II U day of July, 2005 {J///h,Ld..> f' /MA1/-{ /Jtu4'dcw-r;0 Register ~A/ . ~ '- ~ 1.-, '"'h~ Robert M. Frey 5 S. Hanover Street. Carlisle PA 17013 Deputy Name 5 S. Hanover Street. Carlisle PA 17013 --<../ SllIM::IO mlS183~ :10 UJ:JO 0308001l LAST WILL AND TESTAMENT OF CATHERINE MAE BONAWITZ -:2/-{j5"-()fo 13 I, CATHERINE MAE BONAWITZ, of 623 Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills by me at any time heretofore made. I. I direct my hereinafter named Executors to pay all of my just debts and funeral expenses and all costs of administration of my estate from the residue of my estate as soon after my death as may be found convenient to do so. 2. I direct that all inheritance, transfer, estate, succession and death taxes which may be payable on account of my death, including interest and penalties thereon, shall be paid from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 3. I give and bequeath the sum of $15,000.00 to my nephew TIMMEE BUFFINGTON, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me, then the same shall lapse. 4. So much or all of the rest, residue and remainder of my estate, real personal and mixed, and wheresoever the same may be situate, as will exhaust the Unified Credit for purposes of Federal Estate Tax which at the present time is approximately $ I ,500,000.00 and scheduled in the years ahead to reach $3,500, 000.00, I give, devise, and bequeath to the following persons, their heirs and assigns, in the percentages indicated, provided each one shall survive me by a period of ninety (90) days, but should anyone of them fail to so survive me then the share which such deceased person would have received shall pass to such of his or her legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes: A, 20% to my daughter, ALICE MAE BONAWITZ. B. 20% to my son, ALVIN F. BONAWITZ, JR. c. 20% to my granddaughter, CATHERINE MAE FOUGHT. D. 10% to my grandson, JASON J. BONAWITZ. E. 10% to my granddaughter REBECCA LEE BONAWITZ. F. 5% to my grandson, WAYNE FOUGHT. G. 2-1/2% to my grandson, ALAN FOUGHT. H. 2-1/2% to my great grandson, ISAAC SCOTT BARC\~~."",. 13, 2- 1/2% to my great granddaughter, KELSEY LYNN I\ffiS. 1. J. 2- 1/2% to my great grandson BRANDT CHRISTOPHER BONAWITZ. K. 2- 1/2% to my great grandson, CHASE MICHAEL BONAWITZ. L. 2-1.2% to my great grandson, TYLER MATTHEW BONAWITZ. 5. All of the rest, residue and remainder of my estate, if any, real, person and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my hereinafter named Trustees, and the survivor of them, in Trust. for the uses and purposes hereinafter set forth, which Trust shall be known as the Residuary Trust. This Residuary Trust shall be held and administered and disposed of as follows: / Pagelof5Pages j j'_Y' Cd4tA.k.J-- k",,_ IJ~"" J Page 2 of ~ Pages ~ ~r. ."\ ~.(A/' "''-) tA)_'=t..v~'"J~ V-Y'\~~- ~/ a) My Trustees shall distribute to or for the benefit of my husband, Alvin F. Bonawitz, all of the income of this Residuary Trust annually or at more frequent intervals, as may from time to time be deemed appropriate or convenient. In addition, my husband shall have the right during his lifetime to require distribution to or for the benefit of himself all or any part of the corpus of the Residuary Trust, and in addition my Trustee shall distribute to or for the benefit of my husband from time to time so much of the corpus of the Trust as my Trustees in their discretion shall consider reasonably necessary to enable my husband to maintain the standard of living to which he is accustomed. The right of my husband during his lifetime to require distribution of income or corpus of the Residuary Trust shall include the right in him to direct that gifts be made by him or by the Trust to any individuals he may designate or to any churches or charities or eleemosynary institutions which he may select. b) Upon the death of my husband, Alvin F. Bonawitz, the entire remaining corpus and undistributed income of the Residuary Trust, as then constituted, shall be divided, held, administered and disposed of as follows: I. If the real estate which I own in Perry County, Pennsylvania is a part of my Residuary Trust, I direct that it be distributed to my son, Alvin F. Bonawitz, Jr., including all farm equipment and tangible personal property located on it, if he survives both my husband and me, but if he fails to survive both of us then it shall be included as part of the Residuary Trust and distributed in accordance with subparagraph two (2) hereof. 2. The balance of Residuary Trust shall be divided among the persons, their heirs and assigns, named in paragraph number 4 above in the same percentages as set forth in paragraph number 4 above, provided each one sharing shall survive both my husband and me, but should any of them fail to so survive both my husband and me then the share which such deceased person would have received shall pass to such of his or her legitimate issue as shall survive both my husband and me, their heirs and assigns, and if there be no such issue the same shall lapse and be added to the remaining shares proportionately, per stirpes. Should any beneficiary of this Trust who is less than 21 years of age be entitled to distribution of his or her share, I direct the same shall continue to be held by the Trustees who shall distribute to or for the benefit of the beneficiary of such share all of the income arising therefrom together with so much of the corpus of the share of such beneficiary as the Trustees, in their sole discretion, shall deem necessary or advisable for the health, support, education and general welfare of such beneficiary until such beneficiary attains the age of 21 years, at which time the then remaining portion of such share shall be distributed to him or her, but should such beneficiary die before attaining the age of 21 years, then such undistributed property shall be paid and transferred to the legitimate issue of such beneficiary, if any, in equal shares per stirpes, and in the absence of issue such undistributed trust property shall be paid and transferred in equal shares per stirpes, to any of my children surviving such beneficiary, and if any of my children have predeceased such beneficiary but shall have then legitimate living issue, the share such deceased child of mine would have received shall be paid to his or her legitimate issue per stirpes. 3. Whenever pursuant to the provisions of this Will all or any part of a distributive share of the Residuary Trust shall be payable to a minor, title to the share of such minor shall pass to him or her, but the payment to him or her of such share or trust fund shall be deferred until he or she shall attain the age of 21 years, and in the meantime such share or trust fund shall be held by the Trustees or a court appointed Guardian, if the Trustees are unwilling to assume such responsibility, until such beneficiary attains the age of 21 years. The fiduciary holding such fund shall apply all or such part of the income and principal as the fiduciary in his uncontrolled discretion may determine to the support, education, and maintenance of such beneficiary. The authority conferred upon such fiduciary by this paragraph shall be construed as a power only and shall not operate to suspend the absolute ownership of such property by such beneficiary or to prevent the absolute vesting thereof in such beneficiary. With respect to the administration of any such property which shall vest in absolute ownership in a beneficiary less than 21 years of age, and which shall be held by such fiduciary authorized in this paragraph, such fiduciary shall have all the powers set forth under the provisions of paragraph No. 12 of this Will to be exercised in the manner set forth in paragraph number 4. 6. Should any person be entitled to distribution of any of the bequests set forth in paragraphs 3 and 4 of this Will, be less than 21 years of age, I direct that the same shall be paid to the parents of such person and held by the parents as guardians of the Estate of such person until such person shall attain 21 years of age, and in the meantime, the parent or parents holding such share shall apply all of the income to or for the benefit of such beneficiary, and in addition, may apply so much of the principal thereof as in the opinion of the parents is necessary or desirable to be expended for the proper support, education and maintenance of such person, and upon such person attaining 21 years of age, the then remaining principal together with any undistributed income shall paid to such person.. 7. The meaning of "legitimate issue" as used in this Last Will and Testament shall be limited to a child or children born to a female descendent of the Testator regardless of whether the mother is married to the father of such child or children, and shall be limited to a child or children born to a male descendent of Testator where the father of such child or children is married to the mother either before or after the birth of the child or children. In any case the meaning of "child" or "children" or "legitimate issue" as used herein SHALL include any adopted child or children. 8. No title, in any trust hereby created, or in the income accruing therefrom, or in its accumulation, shall vest in any beneficiary and no beneficiary shall have the right or power to transfer, assign, anticipate or encumber his or her interest in said trust, or the income therefrom, prior to the actual distribution thereof by the Trustee to said beneficiary. Further, neither the income nor the principal of said trust shall be liable in any manner, in the possession of the Trustee, for the debts, contracts or engagements of any of the beneficiaries. 9. Any share or portion of a share of any trust created hereunder, or any other property of the Testatrix that is not disposed of under any other provision of the Will, shall go and be distributed to the heirs-at-Iaw of the Testatrix. 10. I hereby nominate, constitute and appoint my said husband, Alvin F. Bonawitz as Executor of this my Last Will and Testament but should he predecease me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint my son, ALVIN F. BONAWITZ, JR. and my granddaughter CATHERINE MAE FOUGHT as alternate or successor Executors of this my Last Will and Testament, and I further declare that none of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. II. I hereby nominate, constitute and appoint my husband, Alvin F. Bonawitz and my said son, Alvin F. Bonawitz, Jf. and my said granddaughter, Catherine Mae Fought, as co- Trustees hereunder, but should all of them fail to qualify or cease serving as such, I authorize them or the survivor of them to appoint a successor Trustee or Trustees and all successor Trustees shall have the authority to appoint their successors as may from time to time be necessary . 12. In addition to the powers conferred by law, my hereinbefore named Executors, and Trustees, and Guardians, and their respective successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the Page 3 of 5 Pages -" ("70./f [" , ^ .: .___ h",eo<-<'" '-... oY_/\^-v,-"",~ \ - J.:.-vTl-rt vt.-'~ .../ proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is under no trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. J. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. I. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. h . ---, , C'/CL--Lj;LC,\.t~~/ VvVCC.L bc)Vc.QlAh)1; , /) C Page 4 oJ5 Pages ~~-~. .~W~ CATHERINE MAE BONAWITZ (SEAL) IN WITNESS WHEREOF, I Catherine Mae Bonawitz have hereunto set my hand and seal to this my Last Will and Testament, written on four (4) pages this 29th day of December, 2004. Signed, sealed, published and declared by CATHERINE MAE BONAWITZ, the Testatrix above-named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto set our names as attesting witnesses. rz4~~ ,0/ .~/ Page 5 of 5 Pages -d. REGISTER OF WILLS OF CUMBERLAND COUNTY Estate of Catherine Mae Bonawitz OATH OF NONSUBSCRIBING WITNESS No. 21-05 -0(,)/3 Also known as .Deceased Robert G. Frey and Trisha A. Liess (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that they are familiar with the signature of Catherine Mae Bonawitz, testatrix of (one of the subscribing witnesses to) the codicil/will presented herewith and that they believelbelieves the signature on tb codicil/will is in the handwriting of Catherine Mae Bonawitz to the best of their knowledge and belief. Robert G. Frey Sworn to or affirmed and subscribed Before me this /.:l fl day of of July, 2005 Jj} 0/J7 (If' J MAlIJl))Ji~ Register 5 S. Hanover Street. Carlisle PA I 7..s~ p1.ci1~ Trisha A. Liess Depu~~{) ~~ 5 S. Hanover Street. Carlisle PA 17013