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HomeMy WebLinkAbout05-09-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Joan C. Beren No. 21-- iXL) - 0390 also known as . Deceased Social Security No. 056-28-9224 Daniel E. Beren Petitioner(s), who is/are 18 years of age or older. appl(ies} for. (COMPLETE 'A' or 'B' BELOW) [!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) isfJl\ledhe the Decedent, dated 12/05/2005 ~ Executor named in the last Will of State relevant circumstances, e.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; was not the victim of a killing and was never adjudicated incompetent: (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: o B. Grant of Letters of Administration r Name Relationship Residence I ~;'3 -~ I ---, u- ! "i -i -.. .., --- -, " >~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania wittm'her family or principal residence at 59 S. Terrace, Wormsleysburg, PA 17043 ' (list street, number, and municipality) !'''.) i __J r'----, '" "'-~ ; ,. ~ j". .-- ) '--) ---1 (.~q Decedent, then 71 years of age, died 02108/2006 at Holy Spirit Hospital, East Pennsboro Twp, PA (Location) ,..- .... Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania situated as follows: 40,000.00 $ $ $ $ 0.00 Wherefore, Pe . . er(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in th a propnate form to the undersigned: . ignature yped or printed name and residence Daniel E. Seren 59 S. Terrace Wormleysburg, PA 17043 Prepared by !he Pemsylvania Bar Association Copyrtghl (e) 2004 farm software only The Lackner Group. Inc_ Form RW.1 (1991) vc I Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, a personal representative(s} of the Decedent, Petitioner(s) will _11 ",<I truly ,<lm'ol,.... th, "tat, '=""09 to I,,", i /# ~ Swom to or affirmed and subscribed before me this ,2 n d day of (I), ;/ I //'L-c 1/ _ ,6 ( (/ G. (~ (j: . g' ). ~J(c nd'-L>-7Q,L-JL-<" L ~ ,. '~Jt0LJ... U For ~eg, ,er / ' I~L L 1 ~~) .u ("LuL L,-- No. 21-- Q4;. ,- 03'10 Estate of Joan C. Beren , Deceased also known as Social Security No: 056-28-9224 Date of Death: 02/08/2006 AND NOW, , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [RJ Testamentary 0 of Administration are hereby granted to Daniel E. Beren, Executor (c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) y-...) .~::-~ ::J ,"-'j i-'" '~) , . .'; -- -) ; "" :~i.) , '-"j -I I ~"\-,J .'1 n . ~_-:J in the above estate and that the instrument(s) dated 12/5/2005 ,T" .-.._~ ; I -,~-,.~.,jl j" .- I -...., described in the Petition be admitted to probate and filled of record as the last Will of Decedent. FEES 0/'" 0-' Letters..........................................$ :LV '-. ') f 1<7, 00 Short Certificate(s)...................... $ T:!... Renunciation............................... $ Affidavits ( )...........................$ I.D. No: 08529 Extra Pages }......................$ Address: 213 Market Street, 3rd Floor COdicil.......................................... $ JCP Fee.......................................$ JD,OO Harrisburg, PA 17101.2121 Telephone: (717) 237-4801 Inventory...................................... $ ~Il :// Other. fJP.:f:?...4!;... ................... $ E-Mail: /600 500 TOTAL............................ $ /~o: Cf.) Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1(1991) - WILL OF JOAN C. BEREN )1" 0& rD 37V i~J i ~ "'<,.J: .., .\ ~- WILL C u ~ eQ.J..ui> I, JOAN C. BEREN, of~in County, Pennsylvania, make this will, hereby revoking all my former wills and codicils. ARTICLE ONE SPECIFIC BEQUEST OF TANGIBLE PERSONAL PROPERTY AND CASH BEQUESTS S 1.1 I bequeath all my tangible personal property, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is located or received by the executor within sixty (60) days after being appointed as such, after conducting a reasonable search for such memorandum, the executor shall be held harmless for distributing such property as hereinafter provided. S 1.2 I bequeath any such property not disposed of by such memorandum, or all of such property if no such memorandum is so located or received, to my husband, DANIEL E. BEREN, ifhe shall survive me. Ifmy said husband shall fail to survive me, I give such property to our children who survive me to be divided among them a they may agree. In the event they fail to agree, the oldest child shall select one item to be followed by the next oldest child who shall likewise select one item to be followed by the youngest child. The selection process shall continue in a like order (oldest to youngest) until all items have been selected. S 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the executor as an administrative expense of my estate. In addition, to the extent practicable in the executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. S 1.4 I bequeath five thousand dollars ($5,000) to my following named nieces and nephews who survive me: LLOYD TRIMMER, DAVIS TRIMMER, JULIA TRIMMER and BETH MCKINLEY. ARTICLE TWO MARITAL DEDUCTION TRUST S2.1 If my husband, DANIEL E. BEREN (hereinafter referred to as the Beneficiary), survives me, or is presumed to have survived me as hereinafter provided, I devise and bequeath to the trustee hereinafter named an amount equal to the value of the residue of my estate, (determined on the basis of the values finally determined for federal estate tax purposes) reduced by the maximum amount, if any, which will produce a federal taxable estate of a value that, after allowing for my available applicable credit amount (also known as the unified credit) will result in the minimum amount of federal estate tax being imposed on my estate. This trust, to be known as the Marital Trust, may be composed of cash, or partly of cash and partly of property in kind, and shall be funded only with property which qualifies for the federal estate tax marital deduction in my estate, valued at the date of distribution, and which, to the extent other property is available, shall not include property for which a foreign death tax credit is available. S2.2 The trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute the net income in quarter-annual installments, or more frequently if the trustee deems it advisable, to or for the benefit of the Beneficiary. - 2 - ~2.3 The trustee shall distribute to the Beneficiary such amounts from the principal of the trust property as the Beneficiary shall from time to time request, without any limitation in amount. ~2.4 The trustee shall distribute to or for the benefit ofthe Beneficiary so much of the principal of the trust property as the trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, comfort and support, taking into account other available funds, including the Beneficiary's assets, and it is my desire that the trustee make liberal expenditures for such purposes. ~2.5 Upon the Beneficiary's death, the trustee shall distribute the trust property to such persons or corporations (including the Beneficiary's estate), in such amounts and upon such trusts, terms and conditions as the Beneficiary by the Beneficiary's last will may appoint by specific reference to this general power of appointment. Any property not so appointed shall be added to and distributed as part of the portion of my estate disposed of by ARTICLE THREE of this will. ARTICLE THREE DISPOSITION OF RESIDUE ~3.1 I devise and bequeath to the trustee hereinafter named the balance of the residue of my estate for the benefit of my husband, DANIEL E. BEREN (hereinafter referred to as the Beneficiary), in trust, for the following purposes: ~3.2 The trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute the net income in quarter-annual installments, or more frequently if the trustee deems it advisable, to or for the benefit of the Beneficiary. - 3 - 93.3 The trustee shall distribute to or for the benefit of the Beneficiary so much of the principal of the trust property as the trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance and support, taking into account other available funds, including the Beneficiary's assets; provided, however, it is my wish and not my direction that no such distribution be made until the principal of the trust created by ARTICLE TWO of this will is expended or exhausted. 93.4 Upon the Beneficiary's death, the trustee shall distribute the balance of the trust property to such one or more of my issue, in such amounts and upon such trusts, terms and conditions as the Beneficiary by the Beneficiary's last will may appoint by specific reference to this special power of appointment. Any such property not so appointed shall continue, or upon my death if the Beneficiary does not survive me all the residue of my estate shall be held, as one fund for the benefit of my then living issue, in trust for the following purposes: 93.5 The trustee shall divide the trust property into the same number of equal shares as there are children of mine then living and deceased children of mine with issue then living. One (1) such share shall be distributed to the then living issue, per stirpes, of each deceased child of mine, subject to the provisions of ARTICLE FOUR of this will, and one (1) such share shall be held for the benefit of each of my then living children, in trust for the following purposes: 93.6 The trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute the net income in quarter-annual installments, or more frequently if the trustee deems it advisable, to or for the benefit of such beneficiary. - 4- 93.7 The trustee shall distribute to or for the benefit of such beneficiary so much of the principal of the trust property as the trustee shall from time to time deem necessary or proper for such beneficiary's health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist such beneficiary with his or her reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or of a business considered a good risk by the trustee, taking into account other available funds, including such beneficiary's assets. 93.8 At any time after such beneficiary attains thirty (30) years of age and prior to attaining thirty (35) years of age, such beneficiary may withdraw such sums as do not exceed one-third (1/3) of the market value of the principal of his or her trust as constituted on his or her thirtieth (30th) birthday, or on the later establishment of his or her trust. 93.9 At any time after such beneficiary attains thirty-five (35) years of age and prior to attaining forty (40) years of age, such beneficiary may withdraw such sums as do not exceed one-half (1/2) ofthe market value of the principal of his or her trust as constituted on his or her thirty-fifth (35th) birthday, or one-half (1/2) ofthe market value of the principal of his or her trust as constituted on the establishment thereof if such beneficiary's trust is established on or after his or her thirty-fifth (35th) birthday. 93.10 At any time after such beneficiary attains forty (40) years of age, such beneficiary may withdraw any or all of the principal of his or her trust. 93.11 If such beneficiary dies before the complete termination of his or her trust, the trustee shall distribute the property then held in trust for such beneficiary to such one or more of my issue, in such amounts and upon such trusts, terms and conditions as such beneficiary by - 5 - his or her last will may appoint by specific reference to this special power of appointment. Any property not so appointed shall be distributed to such beneficiary's then living issue, per stirpes, or if none, to my then living issue, per stirpes. If I have no issue then living, the trustee shall distribute the trust property as though my husband and I had then died unmarried and intestate, each seized and possessed of one-half (112) of such property and residents of the Commonwealth of Pennsylvania. ARTICLE FOUR TRUST FOR BENEFICIARY UNDER 35 YEARS OF AGE 94.1 Except as otherwise provided in this will, if any beneficiary (other than a child of mine or an appointee under any power of appointment granted by this will) is entitled to receive a mandatory distribution of property (other than trust income), and is under thirty-five (35) years of age, the trustee shall hold such property for the benefit of such beneficiary, in trust, for the following purposes: 94.2 While such beneficiary is under twenty-one (21) years of age, the trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall apply to or for the benefit of such beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the trust property as the trustee shall deem necessary or proper for such beneficiary's health, maintenance, support and complete education. The trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. 94.3 After such beneficiary attains twenty-one (21) years of age, the trustee shall continue to hold, manage, invest and reinvest the trust property, shall collect the income - 6 - thereof and shall distribute the net income in quarter-annual installments, or more frequently if the trustee deems it advisable, to or for the benefit of such beneficiary. 94.4 After such beneficiary attains twenty-one (21) years of age, the trustee shall distribute to or for the benefit of such beneficiary so much of the principal of the trust property as the trustee shall from time to time deem necessary or proper for such beneficiary's health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist such beneficiary with his or her reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or of a business considered a good risk by the trustee, taking into account other available funds, including such beneficiary's assets. 94.5 At any time after such beneficiary attains twenty-five (25) years of age and prior to attaining thirty (30) years of age, such beneficiary may withdraw such sums as do not exceed one-third (113) of the market value of the principal of his or her trust as constituted on his or her twenty-fifth (25th) birthday, or on the later establishment of his or her trust. 94.6 At any time after such beneficiary attains thirty (30) years of age and prior to attaining thirty-five (35) years of age, such beneficiary may withdraw such sums as do not exceed one-half (1 /2) of the market value of the principal of his or her trust as constituted on his or her thirtieth (30) birthday, or on the later establishment of his or her separate trust. 94.7 At any time after such beneficiary attains thirty-five (35) years of age, such beneficiary may withdraw any or all of the principal of his or her trust. 94.8 If such beneficiary dies before the complete termination of his or her trust, the trustee shall distribute the property then held in trust for such beneficiary to such persons or - 7 - corporations (including such beneficiary's estate), in such amounts and upon such trusts, terms and conditions as such beneficiary by his or her last will may appoint by specific reference to this general power of appointment; provided, however, any portion of the trust property not subject to such beneficiary's power of withdrawal immediately prior to his or her death may only be appointed to such persons or corporations (other than such beneficiary's estate, his or her creditors or the creditors of his or her estate), in such amounts and upon such trusts, terms and conditions as such beneficiary by his or her last will may appoint by specific reference to this special power of appointment. Any property not so appointed shall be distributed to such beneficiary's then living issue, per stirpes, or if none, to my then living issue, per stirpes. If I have no issue then living, the trustee shall distribute the trust property as though my husband and I had then died unmarried and intestate, each seized and possessed of one-half (112) of such property and residents of the Commonwealth of Pennsylvania. ARTICLE FIVE APPOINTMENT OF FIDUCIARIES ~5.1 I appoint my husband, DANIEL E. BEREN, executor ofthis will. Ifhe is unable or unwilling to act or continue as executor for any reason whatsoever, I appoint my children, DAY BEREN, SANDRA B. RITTER and JANE BEREN, successor executors. ~5.2 I appoint my husband, DANIEL E. BEREN, trustee of any trust created by this will. Ifhe is unable or unwilling to act or continue as trustee for any reason whatsoever, I appoint my children, DAY BEREN, SANDRA B. RITTER and JANE BEREN, successor trustees. ~5.3 I appoint my husband, DANIEL E. BEREN, guardian of the estate of any minor beneficiary of my estate. Ifhe is unable or unwilling to act or continue as guardian of the - 8 - estate, I appoint my children, DAY BEREN, SANDRA B. RITTER and JANE BEREN, successor guardians of the estate. 95.4 Every successor or additional trustee shall have all rights, powers, privileges and duties, whether discretionary or otherwise, herein given to the original trustee and shall be subject to the same reservations, limitations, terms and conditions. AR nCLE SIX COMPENSA nON OF FIDUCIARIES 96.1 An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. ARTICLE SEVEN POWERS OF FIDUCIARIES 97.1 No fiduciary under this will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. 97.2 Any such fiduciary shall have the following powers, in addition to those given by law: 97.3 To invest in, accept and retain any real or personal property, including stock of a closely held corporation or stock of a corporate fiduciary or its holding company, without restriction to legal investments; provided, however, if any property that forms a part of the principal ofthe trust established by ARTICLE TWO ofthis will is unproductive, my husband, DANIEL E. BEREN, may at any time and from time to time by a written notice require the trustee of said trust either to make any or all of such property productive or to convert such property within a reasonable time after the trustee receives such notice; 97.4 To sell, exchange, partition or lease for any period oftime any real or personal property and to give options therefor for cash or credit, with or without securi ty; 97.5 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; - 9 - 97.6 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; 97.7 To engage in litigation and compromise, arbitrate or abandon claims; 97.8 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; 97.9 To determine the apportionment of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so as to balance fairly the interests of any income beneficiary and the remaindermen; 97.10 To make elections, decisions, concessions and settlements in connection with aU income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; 97.11 To payoff any loans I may have taken against any life insurance policies owned by me that remain unpaid at the time of my death; 97.12 To merge any trust created hereunder with any other trust or trusts created by me or my spouse under will or deed, if the terms of any such trust are then substantially similar and held for the primary benefit of the same person or persons; 97.13 To allocate, in the executor's sole and absolute discretion, any portion of my exemption under section 2631(a) of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; 97.14 To disclaim any interest I may have in any estate if the executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; and 97.15 To allocate between the trusts established by ARTICLE TWO and ARTICLE THREE ofthis will any property that is not includible in my estate for administration purposes, but which is paid directly to the trustee and is not otherwise designated for a specific trust, in such shares as the trustee deems appropriate, except that a sufficient amount of such property shall be allocated to the trust established by ARTICLE TWO of this will to enable my estate to take advantage of the federal estate tax marital deduction to the extent indicated; provided, however, any portion of such property that does not form a part of my - 10- gross estate for federal estate tax purposes shall be allocated to the trust established by ARTICLE THREE of this will and shall not be used for the payment of death taxes, debts or administrative expenses. ARTICLE EIGHT PROVISION FOR TAXES 98.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the executor out of the principal of that portion of my estate disposed of by ARTICLE THREE of this will, and all interest with respect to any such taxes shall be paid by the executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the executor, without reimbursement from or apportionment among the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest; provided, however, except as hereinafter indicated, the executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property. ARTICLE NINE MISCELLANEOUS PROVISIONS 99.1 Any term used in the singular or plural, or in the masculine, feminine or neuter form, shall be singular or plural, or masculine, feminine or neuter as a proper reading of this will may require. - 11 - 99.2 As used in this will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. 99.3 If at the time a mandatory distribution of property from any trust created by this will would otherwise be made to a beneficiary for whom there is in existence any trust (other than the trust from which such distribution is made) created by this will for the benefit of such beneficiary, the property otherwise to be distributed to such beneficiary shall be added to, form a part of, and be distributed in accordance with the terms of the trust herein created for such beneficiary. 99.4 Whenever the trustee is authorized or directed to distribute property "to or for the benefit of' any beneficiary under the age of twenty-one (21) years, the trustee may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the trustee (including the trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property to a guardian of such beneficiary's estate, or may distribute such property directly to such beneficiary, without liability on the part of the trustee to see to the application of such property. 99.5 Except as otherwise may be provided in this will, during the continuance of any of the trusts created under the provisions of this will, and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, and the income thereof, shall not be subject to or liable for any contracts, debts, - 12 - engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein respectively, or the income thereof, or to anticipate the income. S9.6 Notwithstanding any other provision of this will, upon the expiration of twenty-one (21) years after the death of the last survivor of my spouse and my issue living on the date of my death, the trusts created hereunder shall forthwith terminate and the trust property shall be distributed to the beneficiary then entitled to the income of the trust property or, ifthere is more than one such beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. S9.7 Ifmy husband, DANIEL E. BEREN, and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this will shall be construed as ifmy said husband had not survived me. S9.8 If any trust created hereunder is (or becomes) the beneficiary of any benefits from a stock bonus, pension, profit-sharing or other retirement benefit plan or any individual retirement account (individually, a "Plan"), then as to each such Plan account: (i) The trustee shall withdraw from such Plan and take such other action as is necessary to assure that the Plan distributes to the trust annually an amount which shall not be less than the greater of (i) the amount required to be distributed by Section 40 I (a)(9) of the Code or Section 408(a)(6) of the Code, as the case may be, or (ii) an amount equal to the net income earned by the Plan during such calendar year; - 13 - (ii) Irrespective of whether my account in the Plan is designated as principal for trust accounting purposes, the trustee shall allocate to income that portion of the distributions received from the Plan during each annual period which is equal to the net income earned by the Plan account during such period; and (iii) If any of the property in my account in the Plan is non-income producing or underproductive and the Plan benefits are payable to a trust for which a federal estate tax marital deduction had been claimed, the trustee shall reallocate to income from principal of the trust an amount which the trustee reasonably determines would have been earned as net income on such property if it were income producing or fully productive, as the case may be. IN WITNESS WHEREOF I have hereunto set my hand and seal this 5~ day of ~Cs2~~ ,2005. ~ "t"iO--~ ('. C:J ~~ . j JOAN C. BEREN (SEAL) - 14 - Signed, sealed, published and declared by the above JOAN C. BEREN, as and for her last will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ~~o 5 fu~Q~< ~_ -J-~~ ~~ \711J~ _~O\J ~dingat 220( l?,e\l€()~ ~DJ.- ~^~~ 1lt \l-wt - 15 - COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF -.D /t-UPH rJ..) I, JOAN C. BEREN, the testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will, and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. ~~ C "00>ulT--. . JOAN C. BEREN ' Sworn to or affirmed and acknowledged before me by JOAN C. BEREN, the testator, this Ih >'1'\ _ ) 5 day of L/fJCerYIt:Je, r , 2005. (SEAL) ~CD1~UOtkJt/ /'Not ry Public NOTARIAL SEAL TROY ROHRBAUGH NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 30. 2007 - 16 - COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DA-U? ttrlJ We, and ~~:r. krtt(L Jr: , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as her last will; that the testator signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by (VIC>-f~ l{t.\.(\n~h L~d+ and ~D~" 7. l~("~ \ \ ~(". , witnesses, this Sit, day of ]:eeeMbe..c ,2005. I (SEAL) ~ ot ublic NOTARIAL SEAL TROY ROHRBAUGH NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 30, 2007 - 17 -