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HomeMy WebLinkAbout11-29-05 J .. Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Russell E. Allvn No. c9J - 0/5 - /035 also known as , Deceased Social Security No. 179-36-2491 Petitioner(s), who is/are 18 years of age or older. apply(ies) for: (COMPLETE "A" OR "B" BELOW:) [Xl A. Probate and Grant of Letters and aver that Petitioner is the executor named in the Last Will of the Decedent, dated August 6, 2004 and codicil(s) dated None State re\e..,an\ circumstances, 8.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; :...."s not the victim of a killing and was never adjudicated incompetent: '"" (''J l~u; C..~-l C) )--" n F;.. B. Gr~&t of L(:lttElfs of Administration C)'. (d.b.n.c.l.a.: pendente lite; durante absentia; dura(lte minoritate) I! m , Petitio~r(stafter C!(ptopet~earch has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and he's" , Ir -. [ ('" ....,j-:, . I ", ,.c.: I r:j:': Natn~ <. , Relationship Residence T;",.,..j '~~ . """J (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 495 N. 25th Street. Camp Hill. PA 17011 (Borough of Camp Hill) (list street, number and municipality) Decedent, then 95 years of age, died November 17, 2005, at Homeland Center, 1901 N. Fifth Street, Harrisburg, Dauphin County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property............................................................................................ $2,000,000 (If not domiciled in PA) Personal property in Pennsylvania ...........................................................................$ (If not domiciled in PA) Personal property in County .....................................................................................$ Value of real estate in Pennsylvania $ 0.00 Total .............................................................................. ..................... ............................................ $2,000,000 Real Estate situated as follows: None Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: C stal U. Hackett. 110 Ber ner St., Harrisbur , PA 17110 J. Kenneth Lowrie 401 N. Fairfax St.. Alexandria. VA 22314 J i Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner above-named swear(s) and affirm(s) that the statements in the foregoi Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of e Dec ent, Petitioner(s) will well and truly administer the estate according to law. - Sworn to and affirme~~d subscribed before me this ~ day of ~o\J~,",,",,~ 2005 Uj.Ljr,cl~ ~ fU^ ~-~: / No. ~I- OS-~ ID3~ Estate of Russell E. Allvn Social Security No: 179.36.2491 Date of Death: November 17.2005 AND NOW, ~OO-f ""blA fl..q , 2005, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters l( Testamentary 0 of Administration d.b.n.c.t.; pendente lite; durante absentia; durante minoritate are hereby granted to Crystal U. Hackett and J. Kenneth Lowrie, Co-Executors in above estate and that the instrument(s) dated AUQust 6, 2004 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters. . . . . . . . . . . . . . . . . ... Short Certificate( s) 5' Renunciation........ "_. Affidavit ( )............. Extra Pages ( )....... CodiciL................ .. JCP Fee................ Inventory.............. .. Other... .~. L F~ TOTAL........ . Form RW-1 Page 2 of 2 Cumberland County) - Rev. 9/92 $ 11 ~~ao $ :10,(/J $ $ $ $ $ If) .tJD $ 15.00 $ !).~ $J 2.10.00 r<~~ Robert R. Church, ESQ. 40385 P.O. Box 11963 HarrisburQ, PA 17108-1963 (717) 255-8059 Attorney: 1.0. No. Address: Telephone: 1I1(),\xn:" RFV \/\1'- This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar~ The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. p 11 ~~j32844 No. ,II,II"'''''//'''J'J'J'J'" \,\\,,"~~\.1" OF p(i:-----~ l\#~~~\. ~~-~~ ~~. . -"J"I.-.... ~... ~~( . \~~ ~c::. - .a - _~ ~ c..,.) ~..tj_ i:t> ~ ~_ ,"';1, .i '0; ..*~. '.'::\4_' '!*~ \a.. '0.' ~i "'- <'A .;::,.""- " ~ .:fp ~~"'\I ---..fiMENl \)\ ~ ,...., ""''''"../",,,,,''11''-''' ,I thn- /J; ~~vz;r-" Local Registrar . Fee for this certificate. $6.00 NOV 21 2005 Date I"J c::-:> c-,:, C-t1 .T7 fTl c-:> c"") !,~-i 1-":,--'1 .OJ l:'J "';: ~- ...... 1'") \..0 5. 95 COUNlY OF DEATH Yrs. STATE FILE NUMBER ,-~ '-:i:~ '-'1 ,:-'5 iTI (.,.) ("') DATE OF QE;l\TH (Month, Day, Ye r) 4:-Jov.17,2005 c':) 143 Rev. 2/87 JI US--I06'S"'" COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH -,..., NAME OF DECEDENT (First, Middle, L.st) 1. AGE (Lost Birthd.y) 79 36 - 2491 Bb, Dauphin Co. DECEDENrS USUAL OCCUPATION Be. Harrisburg KIND OF BUSINESS I INDUSTRY Homeland ed, AS DECEDENT EVER IN U S. ARMED FORCES? ves~ No 0 12. MARITAL STATUS. M.rried, Never ~arried, Widowed. Dlvqrced (Specify) ~arrled Rlllidence 0 ~~fyl 0 RACE - American Indian, Black, White, et . (Specify) 10 whi te SURVIVING SPOUSE (tf wIfe, give maiden name) (~r~=;~lf'a~:Od~~ltu:rir~Y\r~)8t 110. Urologist 11b. medical DECEDENT'S MAILING ADDRESS (Street. CityrTown. Stale, Zip Code) DECEDENT'S ACTUAL RESIDENCE (See instructIons on other side) E. Moore 17a, State Pl::lIn n ~y 1 'Trl. n i ~~~edent Dauphin ~~~~~P? 17c. 0 Yes, decedent lived in 17d.S ~~h~e;~t~~~I~~~Of Harrisburg twp. 1901 N. Fifth St. Harrisburg, PA 17102 17b. Countv citylboro. 16. FATHER'S NAME (First, Middle, Last) 1B. Charles Allyn INFORMANrs NAME (Type/Print) 200. Susan Ratcliff 21. PART I: Ent., the dlleu.s, InJurl.. or eomplle.Vans which cauHd the. death. Ust only one cau.. on each 111'1.. MOTHER'S NAME (First, Middle, Maiden Surname) 19. Christine Fraley INFORMANrs MAILING ADDRESS (Slreet, Cily/Town, Slate, Zip Code) W~ 29 S. Lee St. Alexandria,VA 22314 PLACE OF DISPOSITION. Name of Cemetery. Crematory LOCATION. CityfTown, State, Zip Code or Other Place PA17011 2~olling Green Cemetery 2~ower Allen Twp. NAME AND ADDRESS OFFACllIlY Lemovlle PAl 7043 2Kusselman FH&CS,324 HummeL Av~. LICENSE NUMBER DATE SIGNED (Month. (Day, Year) 23b. IJ sa \ <-\.I{ 23e. 'JIJ-l"'\""'" \l,}~'~" WAS CASE REFERRED TO A MEDICAL EXAMINER /CORON~ 26. Yes 0 No JZi- arrest, shoek or heart failure. . Approximate PART 11: Other significant conditions contributing to death, but : interval between not resulting in the underlying cause given in PART I. : onset and death Items 24-26 must be completed by person who pronounces death. IMMEDIATE CAUSE (Fin.1 disease or condition resulting in death)--ItI> a. CV4 Sequentially list conditions if any. l~ading to immediate cause. Enter UNDERLYING CAUSE (Disease or injury that initialed events resulting on death) LAST ! b. c. d. DUE TO (OR AS A CONSEQUENCE OF) WAS AN AUTOPSY WERE AUTOPSY FINDINGS MANNER OF DEATH PERFORMED? AVAILABLE PRIOR TO 0 COMPLETION OF CAUSE Natural Homicide F DEATH? 0 0 Accident Pending Investigation Yes 0 No Yes 0 No Suicide 0 Could nol be determined 0 DATE OF INJURY (Month, Dsy. Year) TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. 1.<1/1...(1/ I" I Yes 0 No 0 3Oe. 2821. 28b. CERTIFIER (Check only one) .~~~~~F:~~tGor::'~\I~J~~eWg~~~:rhC~~c~i::'%J3JJ': tC:; Ihe:~a~:~(:)~~3~~~~~a~::t~fe~~?~~.~~.~ .~~~~~. ~~~ .~~~~~~~~.~.i~~~ .~:.)........... 29. 30a. 30b. M. P~CE OF 'NJ~RY. AI home, farm, street, factory, office buUdtng, ele. (SpeCIfy) 30e. .P.rO~~~:6~1~fGm~Nk~;;I~~:e~I::~Ho~~~C;:~ ~~~~:i~:~8~~~t~.{~~~U~f~~~,d:~: daun~ :~Z~ut~e~(~i~~~ ::~.r as stated,..................... 0 .MEDICAL EXAMINER/CORONER ~~~~:~::i:::e~~~~I.~~.t.I~~. ~~,~~~~ ~~~~~~~~.~~~~~: .i~ .~~. ~~I.~~:: .~~~~ .~~.~~~,~. ~~. ~~,~. ~i.~~.'. ~.~~~.'. ~.~~ .~~~.~~'. ~~~ .~~~. ~~ .1.~~. .~~~~.~~.(.~~ .~~~.. 0 'J.'\a.. "RE~RAR'S StGm~UMBER 33 ~ /( ?~(/;;?:...-:;l', lh;lil ~.{ 1. I, LAST WILL AND TEST AMENT OF RUSSELL E. ALLYN Introductory Clause. I, Russell E. Allyn, a resident of and domiciled in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I am married to Mary E. Allyn. I have two living children: Susan Jean Ratcliff and Linda Moore Lowrie. ARTICLE I ('~) ,....., C";) C~.:_) en " ) Direction to Pay Debts. I direct that all my legally enforceable debts, secur~d].nd ~-: unsecured, be paid as soon as practicable after my death. . ~~ ARTICLE II (.",; Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance; succession, death or similar taxes (except generation-skipping transfer taxes) assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest or devise contained in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. ARTICLE III General Bequest of Personal and Household Effects With a Precatory Memorandum. I give and bequeath all my personal and household effects of every kind including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, boats, automobiles, and other vehicles, and all policies of fire, burglary, property damage, and other insurance on or in connection with the use of this property, to my wife, Mary E. Allyn, if she shall survive me. If my wife shall not survive me, I give and bequeath all this property to my children surviving me, in approximately equal shares; provided, however, the issue of a deceased child surviving me shall take per stirpes the share their parent would have taken had he or she survived me. If my issue do not agree to the division of the property among themselves, my Personal Representative shall make such division among them, the decision of my Personal Representative to be in all respects binding upon my issue. I request that my wife, my Personal ~ ( { - 1 - '.' " 4 Representative and my issue abide by any memorandum by me directing the disposition of this property or any part thereof. This request is precatory and not mandatory. If any beneficiary hereunder is a minor, my Personal Representative may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my Personal Representative. The cost of packing and shipping such property shall be charged against my estate as an expense of administration. ARTICLE IV Cash Legacy to Charity. I give and bequeath to the Zion Lutheran Church, Harrisburg, Pennsylvania, or its successors, the sum of Twenty-five Thousand Dollars ($25,000.00) for such uses and purposes as its governing board shall deem necessary and advisable. ARTICLE V Cash Legacy to Charity. I give and bequeath to the Pinnacle Health Foundation, Harrisburg, Pennsylvania, or its successors, the sum of Twenty-five Thousand Dollars ($25,000.00) for such uses and purposes as its governing board shall deem necessary and advisable. ARTICLE VI Cash Legacy to Charity. I give and bequeath to the Jefferson Medical College, Philadelphia, Pennsylvania, or its successors, the sum of Fifty Thousand Dollars ($50,000.00) for such uses and purposes as its governing board shall deem necessary and advisable. ARTICLE VII Maximum Marital Deduction. Pecuniary Formula Bequest. Maximize Unified Credit. Payable to Wife. If my wife, Mary E. Allyn, shall survive me, I give, devise and bequeath to my wife, cash, securities or other property of my estate (undiminished by any estate, inheritance, succession, death or similar taxes) having a value equal to the maximum marital deduction as finally determined in my federal estate tax proceedings, less the aggregate amount of marital deductions (if any) allowed for such tax purposes by reason of property or interests in property passing or which have passed to my wife otherwise than pursuant to the provisions of this Article; provided, however, the amount of this bequest shall be reduced by the amount, if any, needed to increase my taxable estate (for federal estate tax purposes) to the largest amount that, after allowing for the unified credit against the federal estate tax, and the state death tax credit against such tax (but only to the extent that the use of such state death tax credit does not increase the death tax payable to any state), will result in the smallest, if any, federal estate tax being imposed /l ( ~ - 2 - . , ' '. .) on my estate The term "maximum marital deduction" shall not he construed as a direction hy me to exercise any election respecting the deduction of estate administration expenses, the determination of the estate tax valuation date, or any other tax election which may be available under any tax laws, only in such manner as will result in a larger allowable estate tax marital deduction than if the contrary election had been made. My Personal Representative shall have the sole discretion to select the assets which shall constitute this bequest. In no event, however, shall there be included in this bequest any asset or the proceeds of any asset which will not qualifY for the federal estate tax marital deduction, and this bequest shall be reduced to the extent that it cannot be created with such qualifYing assets. My Personal Representative shall value any asset selected by my Personal Representative for distribution in kind as a part of this bequest at the value of such asset at the date of distribution of such asset. ARTICLE VIII Residuary Gift to Trustee Under the Allyn Family Trust. I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will to the Trustee of the Allyn Family Trust. The Allyn Family Trust shall be administered as hereinafter set forth. ARTICLE IX The Allyn Family Trust Introductory Provision. The Allyn Family Trust shall be held, administered and distributed as follows: (I) Payment to Wife of All Income. If my wife shall survive me, then commencing with the date of my death, my Trustee shall pay to or apply for the benefit of my wife during her lifetime all the net income from the Allyn Family Trust in convenient installments but no less frequently than quarter-annually. (2) Discretionary Payments of Principal for Wife. If my wife shall survive me, my Trustee may pay to or apply for the benefit of my wife during her lifetime, such sums from the principal of the Allyn Family Trust as in its sole discretion shall be necessary or advisable from time to time for the medical care, education, support and maintenance in reasonable comfort of my wife, taking into consideration to the extent my Trustee deems advisable, any other income or resources of my wife known to my Trustee. (3) Division Into Shares for Children. Upon or after the death of the survivor of my wife and me, my Trustee shall divide this Trust as then constituted into equal separate shares so as to provide One (1) share for each then living child of mine and One (1) share for each deceased child of mine who shall leave issue then living. Each share for a living child of mine shall be )\ ( ~ I ' - 3 - '. . . . distributed to such child. Each share for a deceased child who shall leave issue then living shall be distributed per stirpes to such issue, but in default of issue, shall be distributed as follows: (a) Fifty percent (50%) to the husband of my deceased child in the event that he was living with my child at the time of her death and has not remarried; (b) Twenty-five percent (25%) to my surviving child; (c) Twelve and one-half percent (12Vz%) to Jefferson Medical College, Philadelphia, Pennsylvania, without restriction as to use; and (d) Twelve and one-half percent (12W%) to Zion Lutheran Church, Harrisburg, Pennsylvania, without restriction as to use. Should any of the foregoing bequests fail, the effective bequests shall correspondingly increase. ARTICLE X Naming the Personal Representative and Trustee, Personal Representative and Trustee Succession, Personal Representative and Trustee's Fees and Other Matters. The provisions for naming the Personal Representative and Trustee, Personal Representative and Trustee succession, Personal Representative and Trustee's fees and other matters are set forth below: (I) Naming Individuals as Personal Representative and Trustee. I hereby nominate, constitute and appoint as Personal Representatives and Trustees of this my Last Will and Testament my son-in-law, J. Kenneth Lowrie, and my accountant, Crystal Hackett, and direct that they shall serve without bond. (2) Individual Personal Representatives and Trustees Succession. If either individual Personal Representative and Trustee should fail to qualify as Personal Representative and Trustee hereunder, or for any reason should cease to act in such capacity, the successor or substitute Personal Representative and Trustee who shall also serve without bond shall be my attorney, Heath L. Allen, Esquire. If he is unable or unwilling to serve, his law firm shall designate an attorney to replace him. (3) Final Succession If All Individual Personal Representatives and Trustees Cannot Act. If both my son-in-law and my accountant are unable or unwilling to serve, Heath L. Allen and another attorney designated by his firm shall serve. It is my intention that two individuals serve at all times as Personal Representatives and Trustees. ( 4) Fee Schedule for Individual Personal Representative and Trustee. For its services -4 c ~ - 4 - .,' '.' as Personal Representative and Trustee, my individual Personal Representative and Trustee shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. (5) Delegation Among Personal Representatives and Trustees. When there is more than one individual or entity serving as co-Personal Representatives and Trustees, then any Personal Representative and Trustee may delegate to any other Personal Representative and Trustee the power to exercise any or all of the powers granted to the Personal Representatives and Trustees in this Last Will and Testament, including those powers, which are discretionary, to the extent allowed by law. Any delegating Personal Representative and Trustee may revoke any such delegation with written notice to the other serving co-Personal Representatives and Trustees. The delegation of any such power, as well as the revocation of any such delegation, shall be evidenced by an instrument in writing signed by the delegating co-Personal Representative and Trustee. As long as any such delegation is in effect, any of the delegated powers may be exercised by the Personal Representative and Trustee receiving such delegation with the same force and effect as if the delegating Personal Representative and Trustee had personally joined in the exercise of such power. Provided, however, that if such Personal Representative and Trustee, or co-Personal Representative and Trustee, shall also be a current beneficiary and such delegation shall be deemed to create in that Personal Representative and Trustee a right that shall be deemed to be a general power of appointment, then such individual Personal Representative and Trustee shall not be vested with such right to delegate such power. ARTICLE XI Definition of Personal Representative and Trustee. Whenever the word "Personal Representative" and/or the word "Trustee", or any modifying or substituted pronoun therefor are used in this my Will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Personal Representative and/or Trustee named herein and to any successor or substitute Personal Representative and/or Trustee acting hereunder, and such successor or substitute Personal Representative and/or Trustee shall possess all the rights, powers and duties, authority and responsibility conferred upon my Personal Representative and/or Trustee originally named herein. ARTICLE XII Powers for Personal Representative and Trustee. My Personal Representative and Trustee is authorized in its fiduciary discretion (which shall be subject to the standard of reasonableness and good faith to all beneficiaries) with respect to any property, real or personal, at anv time held under anv nrovision of this mv Will and without authorization hv anv court and in .. . . addition to any other rights, powers, authority and privileges granted by any other provision of this my Will or by statute or general rules oflaw: 1 f r; - 5 - (1) To retain any property or undivided interests in property owned by me at the time of my death, including residential property and shares of my Personal Representative's or Trustee's own stock, regardless of any lack of diversification, risk or nonproductivity, as long as it deems advisable, and to exchange any such security or property for other securities or properties and to retain such items received in exchange, although such property represents a large percentage of the total property of my estate or the Trust Estate or even the entirety thereof. (2) To invest and reinvest all or any part of my Estate or the Trust Estate in any property and undivided interests in property, wherever located, including bonds, debentures, notes, secured or unsecured, stocks of corporations regardless of class, interests in limited partnerships, limited liability companies or similar entities, real estate or any interest in real estate whether or not nroductive at the time of investment. interests in trusts. investment trusts whether of the open and/or closed fund types, and participation in common, collective or pooled trust funds of my Personal Representative or Trustee, insurance contracts on the life of any beneficiary or annuity contracts for any beneficiary, without being limited by any statute or rule oflaw concerning investments by fiduciaries. (3) To sell or dispose of or grant options to purchase any property, real or personal, constituting a part of my estate or the Trust Estate, for cash or upon credit, to exchange any nronertv of mv est::Jte or the Trust Fst::Jte for other nronertv ::It slIcn times ::Jnnnnon slIcn terms ~ ... ~ ~ and conditions as it may deem best, and no person dealing with it shall be bound to see to the application of any monies paid. ( 4) To hold any securities or other property in its own name as Personal Representative or Trustee, in its own name, in the name of a nominee (with or without disclosure of any fiduciary relationship) or in bearer form. (5) To keep, at any time and from time to time, all or any portion of my Estate or the Trust Estate in cash and uninvested for such oeriod or oeriods of time as it mav deem advisahle without liability for any loss in income by reason thereof. (6) To sell or exercise stock subscription or conversion rights. (7) To refrain from voting or to vote shares of stock owned by my Estate or the Trust Estate at shareholders' meetings in person or by special, limited, or general proxy and in general to exercise all the rights, powers and privileges of an owner in respect to any securities constituting a part of my Estate or the Trust Estate. (8) To participate in any plan of reorganization or consolidation or merger involving any company or companies whose stock or other securities shall be part of my Estate or the Trust Estate, and to deposit such stock or other securities under any plan of reorganization or with any /1 f ~ ( - 6 - , , " protective committee and to delegate to such committee discretionary power with relation thereto, to pay a proportionate part of the expenses of such committee and any assessments levied under any such plan, to accept and retain new securities received by my Personal Representative or Trustee pursuant to any such plan, to exercise all conversion, subscription, voting and other rights, of whatsoever nature pertaining to such property, and to pay any amount or amounts of money as it may deem advisable in connection therewith. (9) To borrow money and to encumber, mortgage or pledge any asset of my estate or the Trust Estate for a term within or extending beyond the term of the trust, in connection with the exercise of any power vested in my Personal Representative or Trustee. (10) To enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or extending beyond the term of the trust. (11) To subdivide, develop, or dedicate real property to public use or to make or obtain the vacation of plats and adjust boundaries, to adjust differences in valuation on exchange or partition by giving or receiving consideration, and to dedicate easements to public use without consideration. (12) To make ordinary or extraordinary repairs or alterations in buildings or other structures, to demolish any improvements, to raze existing or erect new party walls or buildings. (13) To continue and operate any business owned by me at my death and to do any and all things deemed needful or appropriate by my Personal Representative or Trustee, including the power to incorporate the business and to put additional capital into the business, for such time as it shall deem advisable, without liability for loss resulting from the continuance or operation of the business except for its own negligence; and to close out, liquidate or sell the business at such time and upon such terms as it shall deem best. (14) To collect, receive, and receipt for rents, issues, profits, and income of my Estate or the Trust Estate. (15) To insure the assets of my Estate or of the Trust Estate against damage or loss and my Personal Representative or Trustee against liability with respect to third persons. (16) In buying and selling assets, in lending and borrowing money, and in all other transactions, irrespective of the occupancy by the same person of dual positions, to deal with itself in its separate, or any fiduciary, capacity. (17) To compromise, adjust, arbitrate, sue on or defend, abandon, or otherwise deal with and settle claims in favor of or against my Estate or the Trust Estate as my Personal -b r \ - 7 - Representative or Trustee shall deem best. (18) To employ and compensate agents, accountants, investment advisers, brokers, attorneys-in-fact, attorneys- at-law, tax specialists, realtors, and other assistants and advisors deemed by my Personal Representative or Trustee needful for the proper administration of my Estate or the Trust Estate, and to do so without liability for any neglect, omission, misconduct, or default of any such agent or professional representative provided such person was selected and retained with reasonable care. (19) To determine what shall be fairly and equitably charged or credited to income and what to principal. (20) To hold and retain the principal of my Estate or the Trust Estate undivided until actual division shall become necessary in order to make distributions; to hold, manage, invest, and account for the several shares or parts thereof by appropriate entries on my Personal Representative's or Trustee's books of account; and to allocate to each share or part of share its proportionate part of all receipts and expenses; provided, however, the carrying of several trusts as one shall not defer the vesting in title or in possession of any share or part of share thereof (21) To make payment in cash or in kind, or partly in cash and partly in kind upon any division or distribution of my Estate or the Trust Estate (including the satisfaction of any pecuniary distribution) without regard to the income tax basis of any specific property allocated to any beneficiary and to value and appraise any asset and to distribute such asset in kind at its appraised value; and when dividing fractional interests in property among several beneficiaries to allocate entire interests in some property to one beneficiary and entire interests in other property to another beneficiary or beneficiaries. (22) To exercise any power herein granted with reference to the control, management, investment or disposition of my Estate or the Trust Estate either as Personal Representative or Trustee without having to declare in which capacity it is acting. (23) To combine assets of two or more trusts if the provisions and terms of each trust are substantially identical, and to administer them as a single trust, if my Trustee reasonably determines that the administration as a single trust is consistent with my intent and facilitates the trust's administration without defeating or impairing the interests of the beneficiaries. (24) To divide any trust into separate shares or separate trusts or to create separate trusts if my Trustee reasonably deems it appropriate and the division or creation is consistent with my intent, and facilitates the trust's administration without defeating or impairing the interests of the beneficiaries. Art- - 8 - . . . (25) To disclaim any interest, in whole or in part, of which I, my Personal Representative, or my Trustee, may be the beneficiary, devisee, or legatee, by executing an aoorooriate instrument (in accordance with Internal Revenue Code section 2518) (26) In general, to exercise all powers in the management of my Estate or the Trust Estate which any individual could exercise in his own right, upon such terms and conditions as it may reasonably deem best, and to do all acts which it may deem reasonably necessary or proper to carry out the purposes of this my Will. ARTICLE XIII Marital Deduction Savings Clause for Outright Bequest. It is expressly provided that the grant of rights, powers, privileges and authority to my Personal Representative in connection with the imposition of duties upon my Personal Representative by any provision of this my Will or by any statute relating thereto shall not be effective if and to the extent that the same, if effective, would disqualify the marital deduction as provided for herein. It is expressly provided that my Personal Representative shall not in the exercise of its discretion make any determination inconsistent with the foregoing intention. ARTICLE XIV Provision for Trustee to Act as Trustee for Beneficiary Under Age Twenty-One. If any share hereunder becomes distributable to a beneficiary who has not attained the age of Twenty-one (21), such share shall immediately vest in the beneficiary, but notwithstanding the provisions herein, my Trustee shall retain possession of the share in trust for the beneficiary until the beneficiary attains the age of Twenty-one (21), using so much of the net income and principal of the share as my Trustee deems necessary to provide for the medical care, education, support and maintenance in reasonable comfort of the beneficiary, taking into consideration to the extent my Trustee deems advisable any other income or resources of the beneficiary or his or her parents known to my Trustee. Any income not so paid or applied shall be accumulated and added to principal. The beneficiary's share shall be paid over and distributed to the beneficiary upon attaining age Twenty-one (21), or if he or she shall sooner die, to his or her personal representatives. My Trustee shall have with respect to each share so retained all the powers and discretions it had with respect to the trusts created herein generally. ARTICLE XV Trustee's Discretion in Making Payments to a Person Under Age Twenty-One, Incompetent or Incapacitated Person. In case the income or principal payment under any trust created hereunder or any share thereof shall become payable to a person under the age of Twenty-one (21), or to a person under legal disability, or to a person not adjudicated h e c.., - 9 - incompetent, but who, by reason of illness or mental or physical disability, is, in the opinion of my Trustee unable properly to administer such amounts, then such amounts shall be paid out by my Trustee in such of the following ways as my Trustee deems best: (1) directly to the beneficiary; (2) to the legally appointed guardian of the beneficiary; (3) to some relative or friend for the medical care, education, support and maintenance in reasonable comfort of the beneficiary; (4) by my Trustee using such amounts directly for the beneficiary's care, support and education; (5) to a custodian for the beneficiary under the Uniform Gifts or Transfers to Minors Act. ARTICLE XVI Discretion Granted to Personal Representative in Reference to Tax Matters. My Personal Representative as the fiduciary of my estate shall have the discretion, but shall not be required when allocating receipts of my estate between income and principal, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Personal Representative believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided, however, my Personal Representative shall not exercise its discretion in a manner which would cause the loss or reduction of the marital deduction as may be herein provided. In determining the state or federal estate and income tax liabilities of my estate, my Personal Representative shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as state or federal estate tax deductions or as state or federal income tax deductions and shall have the discretion to file a ioint income tax return with mv wife ARTICLE XVII Discretion in Trustee to Terminate Small Trust and Distribute to Income Beneficiary. If at any time any trust created hereunder has a fair market value as determined by my Trustee of Fifteen Thousand ($15,000.00) Dollars or less, my Trustee, in its absolute discretion ifit determines that it is uneconomical to continue such trust, may terminate such trust and distribute the trust property to the person or persons then entitled to receive or have the benefit of the income therefrom or the legal representative of such person. If there is more than one income beneficiary, my Trustee shall make such distribution to such income beneficiaries in the proportion in which they are beneficiaries or if no proportion is designated in equal shares to such beneficiaries. ARTICLE XVIII Definitions of Family. The following definitions shall be used to define the family: (1) Definition of Children. For purposes of this Will, "children" means the blood It [ ~ - 10 - , . descendants in the first degree of the parent designated; and "issue" and "descendants" mean the blood descendants in any degree of the ancestor designated. The terms" child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then livinQ" shall include the blood descendant in the first deQree of the oarent desiQnated even thoUQh - - such descendant is born after the death of such parent. (2) Inclusion of Adopted Children. For purposes of this Will, if a person, who at the time of such legal adoption proceeding is commenced is then under the age of twenty-one (21) years, has been adopted, that person shall be considered a child of such adopting parent and such adooted child and his or her issue shall be considered as issue of the adootinQ oarent or oarents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. (3) Definition of Per Stirpes. The term "per stirpes" as used herein has the identical meaning as the term "taking by right of representation" under Pennsylvania law. ARTICLE XIX Definition of Words Relating to the Internal Revenue Code. As used herein, the words "gross estate," "adjusted gross estate," "taxable estate," "unified credit" ("unified credit" shall also mean "applicable credit amount"), "applicable exclusion amount," "state death tax credit," "maximum marital deduction," "marital deduction," "pass," and any other word or words which from the context in which it or they are used refer to the Internal Revenue Code shall have the same meaning as such words have for the purposes of applying the Internal Revenue Code to my estate. Reference to sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the Internal Revenue Code amended to the date of my death. ARTICLE XX Simultaneous Death Provision Presuming Beneficiary Predeceases Testator. Reverse Presumption as to Wife. If any beneficiary and I should die under such circumstances as would make it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this Will that the beneficiary predeceased me; provided, however, that if my wife shall die with me as aforesaid, I direct that she shall be conclusively presumed to have survived me. ARTICLE XXI Spendthrift Provision. Except as otherwise provided herein, all payments of principal and income payable, or to become payable, to the beneficiary of any trust created hereunder shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any it L " \ - 11 - beneficiary have the power to anticipate or encumber such interest, nor shall such interest, while in the possession of my fiduciary hereunder, be liable for, or subject to, the debts, contracts, obligations, liabilities or torts of any beneficiary. ARTICLE XXII Perpetuities Savings Clause. Notwithstanding anything herein to the contrary, the trusts created hereunder shall terminate not later than Twenty-one (21) years after the death of the last survivor of my wife and issue living on the date of my death (or when this trust becomes irrevocable, if sooner), when my Trustee shall distribute each remaining trust hereunder to the beneficiary or beneficiaries of the current income thereof, and if there is more than one beneficiary, in the proportion in which they are beneficiaries or if no proportion is designated in equal shares to such beneficiaries. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 6th day of August, 2004. /J ~ ~ #-?--- (SEAL) Russell E. Allyn Attestation Clause. The foregoing Will was this 6th day of August, 2004, signed, sealed, published and declared by the Testator as and for his Last Will and Testament in our presence, and we, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. Puy m. ~ A~ //;1 ~&. / of ~. 14 , of ~/MIQ - 12 - PROOF OF WILL COMMONWEALTH OF PENNSYLVANIA ) ) Self-Proving Affidavit ) COUNTY OF CUMBERLAND We, Russell E. Allyn, and Bridget M. Whitley and Sharon M. Garcia, the Testator and the witnesses. resoectivelv. whose names are signed to the attached or foregoing instrument being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testator was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. !J~ C' ~ Russell E. Allyn ~~YJt. ~ :1tM:>l tk1 ~ · l\Vitness / Subscribed, sworn to, and acknowledged before me by Russell E. Allyn, the Testator and subscribed and sworn to before me by Bridget M. Whitley and Sharon M. Garcia, witnesses, this ~dayof ~ ,2004. ~p~ C ~. (Seal) N~ NOTARIAl SEAL KATHRYN C. HOUJNGEIIl..... Public CIy d Harristlurg, DIUIlhln eoum MY ~Cornmission exPires M8ldI11,1lO7