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HomeMy WebLinkAbout06-13-06 Estate of Vesta E. Wise also known as PETITION FOR PROBATE and GRANT OF LETTERS No. dl-ffiD-57~~ To: Register of Wills for the , Deceased County of Cumberland in the Social Security No. 209-12-8056 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 execut or named in the last will of the above decedent, dated Auaust 16. 2002 and codicil( s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h er last family or principal residence at 401 Ninth Street. New Cumberland (list street, number and municipality) :)ecedent, then 81 years of age, died 5/26/2006 at 401 Ninth Street. New Cumberland 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: 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: 401 Ninth Street, New Cumberland $ $ $ $ 87.040.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentarv thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) ~ c. /J~~ enneth C. Aucker, Jr. 401 Ninth Street New Cumberland PA 17070 ,-.... en '--' ~ (.) c ~ "'0 . v; ,-.. ~ en cx:::l::::; ~ "' J r.: c 0 ~'';:: ,-....'- ~GJ ~o... I-ol.i-< ~ 0 c b{) Ci3 :-.- _,:t OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA} ss COUNTY OF Cumberland t'-'C'-'-.~ I I The petitioner(s) above-named swear(s) or affrrm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief ofpetitioner(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 {1~ C. ~;L. before me this day of Register VJ ciQ' ~ t:l E' "'f ('t> ~ No. ~ l- 010.- 5~~ Estate of Vesta E. Wise , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~... ~ \ ~ :LOD~ , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 8/16/2002 described therein be admitted to probate and filed of record as the last will of Vesta E. Wise and Letters T estamentarv are hereby granted to Kenneth C. Aucker, Jr. FEES Probate, Letters, Etc.. . . . . . . . $~a ,~ Short Certificates ( )...... $ ~ .0lJ ~~. .~~..... $ tS.()\') c~""'\: ~"V-"'"~ ~ .....\...) ~~ $ ID.":"'~ TOTAL _ $c.JLltJ.CD Filed.. .lp.-:l.~:-.Ol.p........... JipOA1~A~~~ Register of Will ~ .. . Susan E. Lederer - 1 Attornev I.D. No. 44861 ATTORNEY (Sup. Ct. I.D. No.) 4811 Jonestown Road Suite 226 Harrisbura PA 17109 ADDRESS (717) 652-7323 PHONE I:! \ This IS to certify that the infonnation here given is correctly copied fron~ an original cer~ificate of death dul~. filed with me as L\lcal 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. No. ,t 11"/11""/'/"",, \\,\\If~~\.\" OF PEi",,--_ l\~~4t~~ l~~. ..!I'." '\~\ ~ ~I . ,.'... \'~~ ::: -==, ~- -- . . .\--~ ~~ .71;~: !i:~ ~ '_ .'i:6~, l ~ ~*~ .' '........:.' ....,/*~ \<::2 ..". .... /~i ~--~ .... /~\\\ __ ~-? ~'-\.\.'r\\\ '---___ IMENl \\~ """ll "",,,'/ // / /",11 J II J" ~I?~ Fce for this certificate, $6.00 Local Registrar P 12412479 HAY 2 7 2tll) Date Yrs ~, '-c.)lp - S23 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH T Sex femal '209-12 8, Birth lace C' and stale or fore. n count 8a. Pblce of Death Check on one' Hosp~at. o In alient STATE FILE NUMBER l Re~. 01106 PRINT IN 4ANENT CK INK 1 Name of Decedent (Firsl, middle lasl) 3. Social Security Number I Vesta E. Wise 5 Age (Lasl birthday) 81 11-21-1924 New Cumberland Other: o ERlOut alienI 0 DOA 0 Nursin Home )(b Residence 9. 'l4J.s Decedent 01 Hispanic Origin? ~ No 0 Yes (If yes, specify Cuban, Mexican, PuErto Rican, elc.) white 7. Date of Binh Month, da , ear Cumberland New Cumberland 11 Decedent's Usual Occu alion Kina of work done durin rIDst 01 werkin life; do not slale retired C 1 ~~k'ork P a Ki~d of ~srtr~ust'S hie eCedezsoatng 91ssf{t'eSct~~wn, state, zip code) New Cumberland, Pa. 17070 14 Mar~al Stalus: Married, Never married, W td~~J~~r (SpeciM 15. Surviving Spouse (II wile, give maiden name) 17a. State Pa. Cumberland Did Decedent Live in a Township? 17c. 0 Yes, uccedeni Lived in Twp. 17b. County 17d. 0 No, Decedent Lived wrthin ktual Limits 01 CitylBoro 18. Father's Name (First, middle, last) 19. Mother's Name (First middle, maiden surname) Lewis Eichelberger 20a. Informanl's Name (Typelprinl) Catherine Hawk 20b. Informant's Mailing Mdress (Street city"own, stale, zip code) Kenneth C. Aucker 21b. Date of DispositIOn (Month, day, year) 401 9th St. New Cumberland, Pa. 21c. Place of Disposition (Name of cemetery, cremalory or olher place) 17070 F_D 013945-L Neumyer Funeral Home Inc. 23b. License N~mber t . Pa. East Harrisbur 22c Name and Address of Facili!y q. 0/5 14M. 25. Date Pronounced Dead (Manlti, day, yea'l /V7 /1{/ '1 / 1/ / /'7 ,} c'-.. (0 26. Was Case Referred 10 a Medical Examiner/Coroner" Items 24.26 must be cOrro1eted by person . who pronounces death 24 Time of Death CALISE OF DEATH (See instructions and examples) Item 27. Parll: Enler the chain of events - dISeases, InpJries, or cO"lllicalions - that directly caused Ihe dealh. DO NOT enter terminal events such as cardiac arrest. respiratory arrest, or ventricular fibrillation without showing the etiology. DO NOT abbreviate. Enter only one cause on a line. IMMEDIATE CAUSE (Final disease or ~ ~ condrtlOn resu~lng In deatb) -7 a. Due to (or as a conseq ce on: ;l00e., : Approximate interval: : onset 10 death o Yes 0 No Part It: Enler other sianificant conditions conlriblJtina to dealt, but nol resulting in the underlying cause given in Parl!. 2B. Did Tobacco Use Conlnbute to Death? o Yes ~bably o No ~ Unknown 29. If~le: ~ Not pregnant within past year o Pregnant at time of death o Not pregnant, but pregnant within 42 days of death o Not pregnant, but pregnant 43 days 10 1 year belore death o Unknown ff pregnant within the past year 32c. Place of Injury: Home. Farm. Street Factory, Office Building, etc. (Spec.:ff>> Sequenlially lisl conditions, if any, leading to the cause listed on Line a. Enler Ihe UNDERL YtNG CAUSE . (disease or injury Ihat initiated the events resu~ing in dealh) LAST. Due 10 (or as a consequence on: Due to (or as a consequence on: o Yes ~ No d 30b. Were Autopsy Findings Available Prior to Co"llletion of Cause of Death? o Yes 0 No 31. Manner of Death iX Natural 0 Homicide o kcident 0 Pending Investigation o Suicide 0 Could Not Be Delermined 32a. Date of Injury (Month, day, year) 321. II Transportation Injury (Spec.:ff>> o DriverlOperator 0 Passenger o Pedestrian 0 Other - Specify: 33b. Signalure and Tnle of Certifier ~~ 33c. License Nun-ber 32g. Location (Street. city"own. slate) 30a. Was an Aulopsy Performed? 32b. Describe how Injury Occurred: 32d, Time of Injury M. 33a. Certifier (check only one) Certifying physician (Physician cerlifying cause of death ~en another physician has pronounced death and CO"llleted Item 23) / To the best of my knowledge. death occurred due 10 the cause(s) and manner as slated ."'''',''''''........................................................................................................"'....:.JCI Pronouncing and certifying physician (Physician bolh pronouncing death and certifying to cause of death) To the best of my knowledge, death occurred at the time, date, and place. and due to the cause(s) and mannll1' as stated...................,..,.. "'.."''''..,..,......,....................0 Medical examiner/coroner On the basis of examination and/or investigation, in my opinion, dealh occurred at the time. date, and place, and due to the cause(s) and manner as Slaled .........0 fY\(\ 0 ? I cd- ~1qt. 33<1. Date Signed (Month, day. year) 34. Name and Address of Person Who CofT'4lleted Cause of Death (f1em 27) TypelPrint 35 lal /,e<V V I ~ 7+ 1?f)~2... (See instructions and examples on reverse) I II " Last Will and Testament of Vesta E. Wise I, Vesta E. Wise, a resident of New Cumberland, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my will. Article One Family Information The members of my immediate family now living are: Name Relationship Date of Birth Kenneth C. Aucker, Jr. Son May 5, 1950 The members of my immediate family, now deceased, are: Name Relationship Date of Birth Bonnie R. Cvijic Daughter May 3, 1943 Though Robert Bourcheau (DOB: 11/13/1958), Cheryal Kenes (DOB: 4/30/1960), Kristin Cvijic Plumer (DOB: 12/13/1972), Kelly Aucker (DOB: 4/15/1972), and William Paul Cvijic, Jr. (DOB: 8/02/1965) are my natural heirs, I intentionally have not named them as beneficiaries in my will. I have named one of my grandchildren, Kenneth C. Aucker III (DOB: 2/21/1979) as a beneficiary under my will. I".:> Article Two Specific and General Gifts - I I Section 2.01 Disposition of Tangible Personal Property I give all my tangible personal property, together with any insurance policies covering such property and claims under such policies in accordance with a "Memorandum for Distribution of Page 1 of 14 I I, " Personal Property" or other similar writing directing the disposition of such property, which shall be dated and signed by me. It is my intent that such writing qualifies to distribute my tangible personal possessions under applicable state law. Section 2.02 Contingent Distribution of Tangible Personal Property Any tangible personal property not disposed of by a written memorandum, or if I choose not to leave a written memorandum, I give such property not disposed of to Kenneth C. Aucker, Jr. If Kenneth C. Aucker, Jr. does not survive me, then I give such property to John J. Kane. If John J. Kane does not survive me, then I give such property to my grandson Kenneth C. Aucker III. If Kenneth C. Aucker III fails to survive me, then such property shall be distributed to my residuary estate. My Executor shall incur no liability to any party for any decision made by my Executor with respect to either the division or sale of my tangible personal property, and any decision made by my Executor shall be final and binding on all of my beneficiaries. Section 2.03 Definition of Tangible Personal Property For purposes of this Article, my tangible personal property shall include but not be limited to my household furnishings, appliances and fixtures, works of art, motor vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting goods, and hobby paraphernalia. Tangible personal property shall not include any tangible property that my Executor, in its sole and absolute discretion, determines to be part of any business or business interest that I own at my death. Section 2.04 Ademption If property to be distributed under this Article becomes part of my probate estate in any lllanner after my death, then the gift shall not adeem on account of not being a part of my probate estate at my death, and my Executor shall distribute the property as a specific gift in accordance with this Article. If property to be distributed under this Article is not part of my probate estate upon my death and does not subsequently become part of my probate estate, then the specific gift made in this Article shall be considered null and void, without any legal or binding effect. Page 2 of 14 , " Section 2.05 Encumbrances and Incidental Expenses of Tangible Personal Property Property being distributed under this Article shall be distributed subject to liens, security interests or other encumbrances on the property so distributed. However, my Executor shall pay, as an administration expense, the reasonable expenses of storing, insuring, packing, transporting and otherwise caring for my tangible personal property until actual deli very of each article of property to the appropriate beneficiary. Section 2.06 Specific Distribution to Kenneth C. Aucker, Jr. Upon my death, I give residence located at 401 Ninth Street, New Cumberland, Cumberland County, Pennsylvania to Kenneth C. Aucker, Jf. If Kenneth C. Aucker, Jf. should predecease me, then I give said residence to John J. Kane. If John J. Kane fails to survive me, then this distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of my will. Property passing under this Section shall pass free of any administrative expenses or death taxes, notwithstanding the provisions of Section 7.01of my will. However, property passing under this Section shall pass subject to all liens, security interests or other encumbrances on the property. Article Three My Residuary Estate Section 3.01 Definition of My Residuary Estate All the remainder of my estate, including property referred to above that is not effectively disposed of, shall be referred to in my will as my "residuary estate." Section 3.02 Disposition of My Residuary Estate I give my residuary estate to Kenneth C. Aucker, Jf. If Kenneth C. Aucker, Jf. fails to survive me, then I give my residuary estate to John J. Kane. If John J. Kane fails to survive me, then I give my residuary estate to Kenneth C. Aucker III. Page 3 of 14 ( " Article Four Designation and Succession Fiduciaries Section 4.01 Executor I nominate Kenneth C. Aucker, Jr. as my Executor. If Kenneth C. Aucker, Jr. fails or ceases to act as my Executor, I nominate the following in the order named as my Executor: John J. Kane; then Kenneth C. Aucker III Article Five Powers of My Fiduciaries Section 5.01 Grant of Powers My fiduciaries may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my fiduciaries may exercise the following powers: They may hold, retain, invest, reinvest and manage real or personal property, including interests in any form of business entity including but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non- productivity and without limitation by statute or rule of law. They may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan, contract, distribute in cash or kind or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. They may hold in nominee form, continue businesses, carry out agreements, and deal with themselves, other fiduciaries and business organizations in which my fiduciaries may have an interest. Page 4 of 14 ( I. They may establish reserves, release powers, and abandon, settle or contest claims. They may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. Section 5.02 Fiduciaries' Powers Act In addition to all of the above powers, my fiduciaries may, without prior authority from any court, exercise all powers conferred by this Will or by common law or by any fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other jurisdiction whose law applies to this Will. My Executor shall have absolute discretion in exercising these powers. Except as specifically limited by this Will, these powers shall extend to all property held by my fiduciaries until the actual distribution of the property. Section 5.03 Alternative Distribution Methods My fiduciaries may make any payment provided for under my will or under the terms of any trust established under my will as follows: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under a disability; To the beneficiary's guardian, agent under a durable power of attorney or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses, made in a manner consistent with the proper exercise of the fiduciary's duties hereunder. A receipt by the recipient for any such distribution shall fully discharge the fiduciary. Page 5 of 14 I I, Article Six Administrative Provisions Section 6.01 No Court Proceedings Any trust established under my will shall be administered expeditiously consistent with its provisions, free of judicial intervention, and without order, approval or action of any court. It shall be subject only to the jurisdiction of a court being invoked by the Trustee or by other interested parties. Proceedings to seek instructions or court determinations shall be initiated in the court having original jurisdiction over matters relating to the construction and administration of trusts. Seeking instructions or court determination shall not thereafter subject the trust to the continuing jurisdiction of the court. Section 6.02 No Bond I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if, notwithstanding this direction, any law, statute, or rule of court requires any bond, no sureties be required. Section 6.03 Fiduciary Compensation An individual serving as a fiduciary under my will shall be entitled to fair and reasonable compensation for the services he or she renders as a fiduciary, unless the fiduciary waives such compensation. Any corporate fiduciary shall be compensated by agreement with my Executor or, in the absence of such agreement, in accordance with the corporate fiduciary's published fee schedule in effect at the time the services are rendered. A fiduciary may be reimbursed for reasonable costs and expenses incurred in carrying out its duties under this agreement. Section 6.04 Spendthrift Provision Neither the income nor the principal of any trust estate established under my will shall be assigned, anticipated, encumbered or alienated in any manner by any beneficiary; nor shall it be liable for the debts or obligations of any beneficiary; nor shall it be subject to attachment, garnishment, bankruptcy proceedings or any other legal process, or to the interference or control of creditors or others. Page 6 of 14 , ~ Nothing contained in this Section shall restrict In any way the exerCIse of any power of appointment granted in this agreement. Section 6.05 Distributions to Incapacitated Persons and Persons Under Twenty-Five If my Executor is directed to distribute any share of my probate estate to any beneficiary who is under the age of 25 years or is in the opinion of my Executor, under any form of incapacity that renders such beneficiary unable to administer distributions properly when the distribution is to be made, my Executor may as Trustee, in my Executor's discretion, continue to hold such beneficiary's share as a separate trust until the beneficiary reaches the age of 25 or overcomes the incapacity. My Executor shall then distribute such beneficiary's trust to him or her. While any trust is being held under this Section, the fiduciary, other than an interested Trustee, shall pay to the beneficiary for whom the trust is held such amounts of the net income and principal as the fiduciary determines to be necessary or advisable for any purpose. If the fiduciary is an interested Trustee, the fiduciary shall pay to the beneficiary for whom the trust is held such amounts of the net income and principal as the fiduciary determines to be necessary or advisable for the beneficiary's health, education, maintenance and support. Upon the death of such beneficiary before that time, the fiduciary shall distribute the trust, including any accrued and undistributed income under the provisions of Article Three of my will. Section 6.06 Maximum Term for Trusts Notwithstanding any other provision of my will, unless sooner terminated under other provisions hereof, any trust established under my will shall terminate 21 years after the last to die of me and my descendants and the descendants of my maternal and paternal grandparents living at the time of my death. At that time, the remaining trust property shall vest in and be distributed to those persons then entitled to mandatory distributions of net income of the trust and in the same proportions. If none of the beneficiaries are entitled to mandatory distribution of net income, to the beneficiaries then eligible to receive discretionary distributions of net income of the trust in equal shares per capi ta. Section 6.07 Representative of a Beneficiary The guardian of the person of a beneficiary may act for such beneficiary for all purposes under my will or may receive information on behalf of such beneficiary. Page 7 of 14 , I. (d) Property Passing Outside of My Will Except as to Qualified Retirement Benefits, all such taxes imposed with respect to property included in my gross estate for purposes of such taxes and passing other than by my will shall be apportioned among the persons and entities benefited in the proportion that the taxable value of the property or interest bears to the total taxable value of the property and interests received by all persons benefited. The values as finally determined in the respective tax proceedings shall be the values used for the apportionment of the respective taxes. (e) No Apportionment to Retirement Plan Assets No such taxes shall be paid from or allocated to any retirement plan assets that become a part of my estate or a trust established under my will or are otherwise required to be included in my gross estate for purposes of such taxes unless there is no other trust property available for payment of such taxes. Section 7.02 Tax Elections In exercising any permitted elections regarding taxes, my fiduciaries may make such decisions as they deem to be appropriate in all the circumstances and my fiduciaries shall be under no duty to make any compensatory adjustment as a consequence of any such election. My Executor may also pay such taxes or interest and deal with any tax refunds, interest, or credits as it shall deem necessary or advisable in the interest of my estate. Article Eight Definitions and General Provisions Section 8.01 Definitions For purposes of my will and for the purposes of any trust established under my will, the following definitions shall apply: (a) Adopted and Afterborn Persons A legally adopted person in any generation and his or her descendants, including adopted descendants, shall have the same rights and be treated in the same manner under this agreement as natural children of the adopting parent, provided such person is legally adopted prior to attaining the age of 18 years. Page 9 of 14 A fetus in utero that is later born alive shall be considered a person in being during the period of gestation. However, a person's children or descendants shall not include an individual who is such person's child or descendant by virtue of legal adoption if such individual was adopted on or after December 31 st of the year following the year of my death and is older than the oldest living child or descendant of such person on said date. (b) Descendants The term "descendants" shall include a person's lineal descendants of all generations. (c) Education The term "education" is intended to be an ascertainable standard in accordance with Section 2041 and Section 2514 of the Internal Revenue Code and shall include, but not be limited to: . Enrollment at private elementary, JunIor and senIor high schools, including boarding schools; · Undergraduate and graduate study in any field at a college or university; · Specialized, vocational or professional training or instruction at any institution, including private instruction; or · Any other curriculum, institution or activity that my Trustee, in its sole and absolute discretion, deems useful for developing the abilities and interest of the beneficiary including, without limitation, athletic training, musical instruction, theatrical training, the arts and travel. Education shall also include distributions made by my Trustee for expenses such as tuition, room and board, fees, books and supplies, tutoring, transportation, and reasonable allowance for living expenses. (d) Internal Revenue Code References to the "Internal Revenue Code" or "Code" or to provisions thereof are to the Internal Revenue Code of 1986. References to the "Regulations" or "Regs" are to the Treasury Regulations under the Internal Revenue Code. If by the time in question a particular provision of the Internal Revenue Code has been renumbered, or the Internal Revenue Code has been superseded by a subsequent federal tax law, the reference shall be deemed to be made to the renumbered provision or to the corresponding provision of the subsequent law, unless to do so Page 10 of 14 ( ~ , .. " would clearly be contrary to my intent as expressed in this agreement. A similar rule shall apply to references to the Regulations. (e) Per Sti rpes Whenever a distribution is to be made to a person's descendants per stirpes, the distribution shall be divided into as many shares as there are then living children of such person and deceased children of such person who left then living descendants. Each then living child shall receive one share and the share of each deceased child shall be divided among such child's then living descendants in the same manner. (f) Qualified Retirement Accounts "Qualified Retirement Benefits" means any qualified retirement plan, individual retirement account ("IRA") or other retirement arrangement subject to the "minimum distribution rules" of Section 401 (a)(9) of the Code, or other comparable provisions of law (g) Shall and May Unless otherwise specifically provided in this agreement or by the context in which used, I use the word "shall" in this agreement as a command, directive or requirement, and the word "may" in this agreement as allowing or permitting, but not requiring, the taking or omission of any action. (h) Other Definitions Except as otherwise provided in my will, terms shall be as defined in the Pennsylvania Probate, Estates, and Fiduciaries Code as amended after the date of my will and after my death. Section 8.02 Contest Provision If, after receiving a copy of this paragraph, any person shall in any manner, directly or indirectly, attempt to contest or oppose the validity of my will, including any codicils thereto, or commences, continues or prosecutes any legal proceedings to set my will aside, then such person shall forfeit his or her share, cease to have any right or interest in my estate, and shall for the purposes of my will be deemed to have predeceased me. This Section 8.02 shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax charitable deduction. Page 11 of 14 , rift . .. Section 8.03 Survivorship Presumption If any beneficiary shall be living at my death, but die within 30 days thereafter, then such beneficiary shall be deemed to have predeceased me for all purposes of my will. Section 8.04 General Provisions The following general matters of construction shall apply to the provisions of my will: (a) Governing State Law My will shall be governed, construed and administered according to the laws of Pennsylvania as from time to time amended. Questions of administration of any trust established under my will shall be determined by the laws of the situs of administration of such trust. (b) Gender, Number, Captions Words denoting the masculine or feminine gender shall be construed to mean or include the opposite gender, and the singular form shall be construed to include the plural and the plural the singular, as the context requires or admits. The captions of Articles, Sections, and subsections used in my will are for reference purposes only and shall have no effect on the interpretation of my will. (c) Notices Whenever my will calls for notice, unless otherwise stated, such notice shall be in writing and shall be personally delivered with proof of delivery, or mailed postage prepaid by certified mail, return receipt requested, to the last known address of the party requiring notice. The notice shall be effective on the date of personally deli vered or the date of the return receipt. If there is proof of mailing and the return receipt is not received, notice shall be effective on the date it would normally have been received via certified mail. (d) Severability The validity or unenforceability of any provision of my will shall not affect the validity or enforceability of any other provision of my will. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of my will shall be interpreted and construed as if any invalid provision had never been included in my will. Page 12 of 14 ,r: .. I, Vesta E. Wise, the Testatrix sign my name to this instrument on August 16, 2002, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and testament, that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence. (ik; , ,-/~~e: Ves . Wise, Testatrix !J~ Signed, sealed, published and declared by VESTA E. WISE, the testatrix above named, as and for her Last Will and Testament, in our presence, and we in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses: Witnesses: Address: \0-..." _ ~. l~ " '\,~ ( , - od-'.-v'l ,.--. L.../\ - Witness ~. 'So O"z.. r/C",j")~~d'v H. wtf::U;; oJ C(Ma :Jd- tc, 1 PA /11\ , .3Sd8 ~ AVe. )-/wntkrji ?fl /7/[0 Page 13 of 14