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Home My WebLink About11-30-06 PETITION FOR PROBATE & GRANT OF LETTERS Estate of ROBERT W. BIRRELL also known as . deceased. No. 21-06- /~ To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania Social Security No. 052-22-9140 The Petition of the undersigned respectfully represents that: Your Petitioners, who are 18 years of age or older and the Executors named in the Last Will of the above decedent dated November 26. 1996 , and codicils dated none . Renunciation for Kenneth A. Birrell is attached hereto. An Affidavit signed by James D. Hughes regarding the law firm Irwin McKnight & Hughes ceasing to exist is attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 632 Yorkshire Drive. South Middleton Township. Carlisle Decedent, then -.lL years of age, died Crossings Retirement Community October 23 , 2006, at 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 PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: 632 Yorkshire Drive. Carlisle. PA $1.700.000.00 $ $ $260.000.00 WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. Signature(s) and Residence(s) of Petitioner(s): Bruce E. Birrell 720 Rock Elm Court. Odenton. MD 21113 &nnj~,d. 0tMlJ@. Bonnie L. Birrell 242D Asbury Commons. Dunwoody. GA 30338 o C;;Q OATH OF PERSONAL REPRESENTATIVER~o -.~ }"~ m c~ ,."'-:0 COMMONWEALTH OF PENNSYLVANIA~>~~~ ss C)U', :=i~ c-o-l ~~> 0 ~;;; The Petitioner(s) above named swear(s) or affirm(s) that the statements in the foregoing pe~n are true and correct to the best of the knowledge and belief of Petitioner(s) and that as personal representative of the above decedent, petitioner(s) will well and truly administer the estate according to law. r--..> = <=> C7"\ Z <:) <:: w o -u :J: N -;-J rl~' c') C..J ::-'.:J C~ E.3 COUNTY OF CUMBERLAND C) '-1 -n C) rn Bruce E. Birrell '-{5m YlU- ~ 0JUJJ QQ Bonnie L. irrell No. 21-06- 105((; Estate of ROBERT W. BIRRELL, deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, November , 2006, 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 November 26. 1996 described therein be admitted to probate and filed of record as the Last Will of Robert W. Birrell ; and Letters Testamentary are hereby granted to Bruce E. Birrell and Bonnie L. Birrell SALZMANN HUGHES PC FEES Probate, Letters, Etc. . . . . . . . $ 1.160.00 Short Certificates( -8- ) . . . . $ 32.00 Renunciation(s) .. . . . . . . . . . $ 5.00 JCP ...... . . . . . . . . . . . . . . $ 10.00 Automation Fee. . . . . . . . . . . $ 5.00 Other Affidavit . . . . $ 3.00 Other Will . . . . $15.00 TOTAL: .... $ 1.230.00 Filed........................... . James D. Hughes. Ese. (58884) ATTORNEY (Sup. Ct. I.D. No.) 354 Alexander Spring Road, Suite 1 Carlisle. PA 17015 ADDRESS 717-249-6333 PHONE o Co ~::o ;)[-;--00 ':,) ;;f i ...-2::::;.m '>L-::o :-::~u5:;:>:::: ..~) C;-;; 0 CO) 0 --n (:)c ; ::0 :-u-l ).> I-...> c:> <::::) Cl'" % o ....:: 0' o -u 3 ~ o -..J ,.", .- ~S 'f3 :-,1 C:J ~ 2J C) ("I, (-' ...' PETITION FOR PROBATE & GRANT OF LETTERS Social Security No. No. 21-06- /65~ To: Register of Wills for the County of Cumberland 0 ~ Commonwealth of Penns,~ia ~ -.- ~ u ,...,] v ::z: ,. -.j j'l ..J;::i:o C rT1CJ The Petition of the undersigned respectfully represents that,:? ~ r- 000:: ki."? c:) Your Petitioners, who are 18 years of age or older.a~d the Executors named in th~~I>>Jill.~e ::;~l f9 above decedent dated November 26. 1996 , and codicils dated none "j ~~ncl<ffiOn forci to.] Kenneth A. Birrell is attached hereto. An Affidavit signed by James D. Hu@@~ard~ theq~~; firm Irwin McKnight & Hughes ceasing to exist is attached hereto. ':i5::B:: =R :;p -i '>-> 0 ~ . .+-- rll Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family m:>principab residence at 632 Yorkshire Drive. South Middleton Township. Carlisle . 0"\"1 . deceased. Estate of ROBERT W. BIRRELL also known as 052-22-9140 Decedent, then JL.. years of age, died Crossinqs Retirement Communitv October 23 , 2006, at 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 PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: 632 Yorkshire Drive. Carlisle. PA $1.700.000.00 $ $ $260.000.00 WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. Signature(s) and Residence(s) of Petitioner(s): ~)~ ( /2:A-i uce E. Birrell 720 Rock Elm Court. Odenton. MD 21113 '\ Bonnie L. Birrell 2420 Asbury Commons. Dunwoodv. GA 30338 COMMONWEALTH OF PENNSYLVANIA ~ (") g Co : ;.;:~ OATH OF PERSONAL REPRESENTATI~(") 3 8 .-",~','.'_;,; C~) ~ -< ;-; i~'~ ,'" -oJ . A-; C7 .J (') O):;b Co) Q 11 --- -i'~{ :0 ...... C') .'0 --I .. (',: The Petitioner(s) above named swear(s) or affirm(s) that the statements in tht"foregoing ~titiO~'-~~~ true and correct to the best of the knowledge and belief of Petitioner(s) and that as personal representative of the above decedent, petitioner(s) will well and truly administer the estate accor ing to law. ss COUNTY OF CUMBERLAND Sworn to or affirmed and subscribed before me this /1 day of November :j,:o~ A Jvi1 'JJl ist r Bonnie L. Birrell No. 21-06- IC$& Estate of ROBERT W. BIRRELL, deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, November , 2006, 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 November 26.1996 described therein be admitted to probate and filed of record as the Last Will of Robert W. Birrell ; and Letters Testamentarv are hereby granted to Bruce E. Birrell and Bonnie L. Birrell ~puf!!lf~ Register S a:J2{ , . SALZMANN HUGHES PC FEES Probate, Letters, Etc. . . . . . . . $ 1.160.00 Short Certificates( -8- ) . . . . $ 32.00 Renunciation(s) . . . . . . . . . . . $ 5.00 JCP . . . . . . . . . . . . . . . . . . . . $ 10.00 Automation Fee. . . . . . . . . . . $ 5.00 Other Affidavit . . . . $ 3.00 Other Will . . . . $15.00 TOTAL: .... $ 1.230.00 Filed........................... . James D. Huahes. ESQ. (58884) ATTORNEY (Sup. Ct. 1.0. No.) 354 Alexander Spring Road, Suite 1 Carlisle. PA 17015 ADDRESS 717-249-6333 PHONE o ~O tJ>j~ fr',:co .~~:~~ ~ F;; :;.> L:: :n .':UJ;-;: .. -1 ".C)o .. )(J-n ("\c ,"" :n :D-i J:~ r--..> = = C7" Z c::> <:: (,;.) o :D ff~8 (:) <.'J i:~;f3 ~8 t:.i (-:) C) ,'1 -rl ..., C'J ... rn -0 ::i: N o en c,') HI05.H05 REV 1/05 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. Q0.-/05/; WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 ~(\~~~~~ p 12728017 OCT 2 5 2006 Date No. o ~o 0:>25 'C,,:cO 21~F;; '<-:::0 (J) :A no :'JO-n (jC , Xl .n--l ]:? Hl05.143 REV. 0212006 TYPE I PRINT IN PERMANENT BlACK INK 1. NameolOecedenl(FnLmiddle,last,sutllX) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH r--.:> = =. =, -:1'" C5 ...~ -.J :t::!P :J:: N STATE FILE NUMBER 4. Dateol0e8lh(MonIh,day,yea'} October 23, 2006 19. Mothllr's Name (Fi'st, rnidlIe,lTIIlidI!n surname) Margaret Knapp 2\11. InlolTu1rs MaIng M:nu (Slr8e1, city I kJwn, slate, ~ code) 720 Rock Elm Court, Odenton, MD 21113 21c. P1a::eal DlsposIIion (Neme of cer1'l8tIry, crematory or oIher pia) 21d. LocUon(Cily/IoWn,staIe,zipcodel PIrl ~: En_ other!lim1ilica'll anI11i:r1s rnnbihlllino 10 dlIl11h 28. Did T U. Contribull! 10 Daalh? bulnolreMllinginhetJ'lderlyW1gCNieglveninPlrtl. Yn 0 Probebty ONo 0- 29.IIFliITI8Ie: o Nol,...__.....yea< 0_81''''01- D:-:t.ootpregna'llwtlin42d1ys o Notpregnanl.buIpregnar1I43dBysIo1yY' 01"'''' o u......._..............,.. 32c. PIca of 1njU'J: Home, Farm. SIreet. FlICICfy, OlficeB..........(_1 -22 76 12,W.,Decedenl....in u.s. Armed FortIII? (iy" ONo Robert W. 5. A(le(U<l_1 fib. Co\J1tyofDeIth Sa. P\aceclDeath heckon one -.. 0_' OERI_ OOOA ll!I_Hune ... '...,.....1.""'''"'''''''.....-..._ 9 W..~'oIH_Origil? fl No Oy" Cumberland Crossing Retirement 1'""sodYCUb8\, MexGl. Puel10 Rican. etc.) 13. Ollc8denl'lEdur.aic:rl(~onIyhigt1eslgladec:omJM'ldl 1.. UarUlSlatus:lL4aried,NeverMamed, """'"'-1'_"'10-'21 CoIIegoll~..5') W_.Oiwoad(Spdy) 6 Never Married ""- Uvein. Township? 6. Olde of Birtt1 Monlh. ""'...... YIS Jan. 29, 1930 Syracuse, NY .. \ Cumberland S. Middleton Twp. 11. OeeedenrsUSU8I moslofWOl1l" Ife. Do not8late retired. Kird 01 Wotk Kind of BusinessJ 1ncN*y President Crystal . 16. OececIenI's~AddressISVeet,cty/loWn.sIaIe.~a:del 632 YorkShire Drive Carlisle, pa 17013 _'s .'.l:lualResiderCfl HI.StaIe PA CUmberland 17c.D Ves.OecadenlUvedin 17d.[j ~=oILiYldwilhn 17t1.Ccu1ly o ~ ~ lB. FaIher'sN....(Fir!il.mi:kIe.lasl. sufb} Herbert A. Birrell 2Oa. Infotm8'1l'sN8me (TypefPmt) Bruce E. &irrell 218. MethodofDilpositian 0...... 0___ o """ . Spdy' 221. SignallR of . Yorktowne cremation Service 22<:. ...............01'..., Hoffman-Roth Funeral Home Hanover St. Carlisle pa 17013 23b. License Nl.ITlber : AppoIimate meMII: : QnsalIoOeall .~j ~ n CoP/) / (>iJr...~ LA<.........JLt... Ol.-to,or.acan~oft f ~liIIcondiIiDns,lfll'l.'. . klCIUIIlstedcn line I EnI8r lHlEALYItG CAUSE fdisellleor~lMIltiblldlhe IlWIflIIltlIIitinglldll8ll)LAST. b. Due 10 (or _. COI..quenoe al)' Duelolar_.~ceOr)' 301. w...AulCIpIy n. WeN AuiJplyFlndings Perlormed7 Ail.... Prior to CompIetiDn of Cause ol 0e8lh? Oy" Oy" ONo .... 0 Hom_ O- 0__ 32<1._01"" O~ OCouldNolbeDelelmi1od M 32g. Ux:aIicrI oIlnj1#y (snet, city I k:WKI, slate) 15 ~ i!; ~ 331. c......,chlK:k only orel . _pIl_.I__.-oI__......"'_"""""""""'_...__23J Tolhe belt 01 my ~,..... occurrHdUtllothtcauH(s)andmannenlstIteJI_.................. _.. __............................................... JJ _....__(PI1__~......._""""oI-J To the belt oIl1'1)'knowtedgt,deIth occUfNd Illtletml, dlte,1I'Id piece, Mad a.lothe Cluu(I)1IId 1MAMl'_ ~...... __................................D ==~ IAdforlnYntigltton.lnmy opnlon.dHth occurNd II.... time,", and p.ce,.net duttDthe~)_ ......Mf'n sutflL_..D '.-""'~b,)..~ 35. 10,111.11\ 101 . DR"""'" OOho<,_, 10. Rate: American nliBn.EIack. WhiIe,elc. (5_1 White Twp Carlisle CHy I 80m York, PA 17401-3374 . '. . , 6(P~ lOSt,;, LAST WILL AND TESTAMENT I, ROBERT W. BIRRELL, of Carlisle, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and all interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. TWO: My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or ~ueathed~ C;o ~ herein, at public or private sale or sales and to give good and sufficient deeds andfqr~lls of 8 -'J so:- 0 <: ..c.. c.>r- therefor, in fee simple, as I could do if living. My Executor or Executrix is autho@~ $d :::; empowered to engage in any business in which I may be engaged at my death, fot~~eriqrof :J.J -J time after my death as seems expedient to said Executor or Executrix. - .. N ~fJ THREE: Subject to the provisions of Paragraph Four hereof, I hereby give, devise and bequeath all of my estate of whatever nature and wherever situate, in equal shares, to my children, Kenneth A. Birrell, Bonnie L. Birrell and Bruce E. Birrell, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. Notwithstanding the above, in the event that any of my children are not subject to the provisions of Paragraph Four hereof and predecease me or disclaim any interest in my estate without living issue, then in that event, their respective share shall be divided equally between his or her other brothers and sisters as stated herein, per stirpes. If there are no other children or their living issue then living, then my estate shall be distributed to my next of kin then living as would be determined by the current laws of intestacy within the Commonwealth of Pennsylvania at the time of my death. FOUR: If any of my children or any other beneficiaries inheriting hereunder are under the age of thirty-five (35) years at the time of my death, then all of the said child's or beneficiary's share hereunder shall be held in trust by the hereinafter named Trustee according to the following terms and conditions: Upon the creation of this Trust, the Trustee shall divide this trust principal into individual shares in the name of each child or beneficiary in the amount equal to the amount that said child or beneficiary inherited hereunder. The Trustee, as well as my personal representative, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of said child or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and ~ iV.,B 2 . . benefit of my child or beneficiary such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their support, maintenance, education, or medical care. My primary object is to ensure the support, maintenance, education and medical care of my children and beneficiaries until they reach the age of thirty-five (35) years. However, notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of this trust in which to distribute any of the trust principal or income for the benefit of any of my children or beneficiaries for any such purpose as the Trustee deems reasonable under the circumstances such as but not limited to the purchase of real property, tuition for further education or any other purpose which would in the Trustee's sole discretion advance the best interest of said child or beneficiary. When each respective child or beneficiary reaches the age of twenty-nine (29) years, then said child or beneficiary shall have the right to withdraw, absolutely, one-half (1/2) of the then remaining principal and accumulated income of their respective trust estate share. Any right of withdrawal may be exercised at any time after the right to withdrawal accrues, such rights to be cumulative. When each respective child or beneficiary reaches the age of thirty-five (35) years, then whatever remains of the principal and income balance of said child's or beneficiary's trust estate share shall be distributed to said child or beneficiary, per stirpes, which provides that the child or children of any deceased child or beneficiary shall take the share their parent would have taken if living. In the event that any said child or beneficiary becomes deceased or disclaims his or her interest prior to the final distribution hereunder without leaving surviving issue, said deceased child's or beneficiary's share shall be divided equally between all of my other children as stated in Paragraph Three above, per stirpes. If none of my children or their living issue then living, then my estate shall be distributed to my next of kin then living as would be determined by the current laws of intestacy within the Commonwealth of Pennsylvania at the time of my death. 'f/(/ B 3 . .' FIVE: In the event that any beneficiary who inherits hereunder is a minor and is a part of the trust set forth in Paragraph Four above, then in that event, if in the opinion of my personal representative or Trustees, the share of said minor beneficiary is or becomes too small to warrant continuing with such amount being held in trust, or should its administration be or become impractical for any other reason, my personal representative or Trustees, in his, her or its sole discretion, may pay such share, absolutely, to the parent or other guardian of such minor or may deposit such share in the minor's name in a savings account in a banking institution of their choosing, said share with accumulated income being payable to said minor at the legal age of majority. SIX: I hereby nominate and appoint my son, Bruce E. Birrell and the then current senior partner of the law firm of Irwin, McKnight & Hughes to serve as Co-Executors of this my Last Will and Testament. If either of my Co-Executors as so named shall have predeceased me, failed to qualify, or ceased to serve as Executor for whatever reason, I then appoint my son, Kenneth A. Birrell, to serve as an Executor of this my Last Will and Testament. If he has predeceased me, failed to qualify, or ceased to serve as Executor for whatever reason, I then appoint my daughter, Bonnie L. Birrell, to serve as an Executrix of this my Last Will and Testament, or if she has predeceased me, failed to qualify, or ceased to serve as an Executrix for whatever reason, I then appoint my sister, Lois B. Morrill, to serve as an Executrix of this my Last Will and Testament, said substitute personal representatives having the same powers as are given to the original Executors hereof In appointing the personal representatives as set forth above, I must state that it is my feeling that all of my children are equally qualified to serve in such a capacity. However, regardless of who is actually appointed at the time of my death and throughout the estate administration process, it is my intent for that person to act fairly and equally for the benefit of all my beneficiaries named hereunder. 1!u;g 4 SEVEN: I hereby nominate and appoint Financial Trust Services Company and Kenneth A. Birrell to serve as Co-Trustees of any trust created in Paragraph Four hereunder. If for any reason he, she or it should predecease me, fail to qualify or cease to serve as Trustee for whatever reason, I then hereby nominate and appoint my daughter, Bonnie L. Birrell, provided she has reached the age of thirty-five (35) years at the time she is nominated and appointed to serve as substitute Trustee hereunder, or in the event she is unable to serve as Trustee hereunder for whatever reason, I then nominate and appoint my son, Bruce E. Birrell, provided he has reached the age of thirty-five (35) years at the time he is nominated and appointed to serve as substitute Trustee hereunder. EIGHT: No Executor, Executrix or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. NINE: No person or persons shall benefit hereunder unless such beneficiary shall survive me for a period of at least sixty (60) days. TEN: No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder~ and no beneficiary's creditors may attach or otherwise reach any such interest. ELEVEN: If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be lw~ 5 declared void and of no effect. The share of such person or institution so forfeited shall be then distributed equally to the remaining residuary heirs of my estate as set forth hereunder. TWELVE: The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. THIRTEEN: The Trustee, as well as my Executor or Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of my children or beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trusts set forth in Paragraph Four hereof: The Trustee, at his, her or its discretion, may compromise claims, borrow money or retain property for such length of time as he, she or it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as he, she or it may deem proper; and invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any child or beneficiary inheriting hereunder shall to conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. FlUB 6 . .. FOURTEEN: I hereby suggest that my personal representatives retain the services of the law firm of Irwin, McKnight & Hughes as attorneys in the settlement of my estate. rY IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~(C, day of November, 1996. d&~~ ROBERT W. BIRRELL (SEAL) Signed, sealed, published and declared by ROBERT W. BIRRELL, the above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto. 7 ." ACKNOWLEDGMENT AND AFFIDA VIT WE, ROBERT W. BIRRELL, MARTHA L. NOEL and DANIEL W. DeARMENT, the testator and witnesses respectively, whose names are signed to the 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, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. ~v#:"~ ROBERT W. BIRRELL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by ROBERT W. BIRRELL, testator, and subscribed and sworn to before me by MARTHA L. NOEL and DANIEL W. DeARMENT, witnesses, this C),fn1J;- day of November, 1996. Notarial Seal JaccilI8llne L Drawbaugh, Notary Public C8rtIsIe Bom, Cumberland County My Commission expires Aug. 14, 1999 Member, Per1r1ayMOa.o.oclllllcl, d Naaries eJl-{j(o -/OSCp AFFIDAVIT COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND SSe JAMES D. HUGHES, Esquire, being duly sworn, deposes and says that he was a partner in the law firm Irwin, McKnight & Hughes which existed from 1994 until 2003. On October 1,2003, the firm of Irwin, McKnight & Hughes ceased to exist. Under the terms of the Last Will and Testament of Robert W. Birrell dated November 26, 1996, in Paragraph Six the testator appoints Bruce E. Birrell and the then current senior partner of Irwin, McKnight & Hughes to serve as Co- Executors. Given the above, it is determined that portion of the Last Will and Testament of the decedent lapses and the next determined Co-Executor would b qualified to act as Co-Executor. Sworn to and sUbscrtd to before me this ~ of COMMONWEALTH OF PENNSY ':i NolariaI Seal .IacXJ.IeIine L Qrav.baugh, Notary Public Call1sIe Boro, QIrnbel'Iand County My CammIssIon Elcpires Aug. 14, 2007 Member. PennI~n18 AIeocIalIon 01 Noll_ o So c::'_::o .U-o -.22;C 0 '''--(>~ . :Z::o .: u3 7' 00 ')0.1 (JC . ::0 -0-1 oJ> ,.,.." 0= <=> t:::T' Z <::) <: ..-J ~ ::x C) -'1 --'n f~~ - .. '-...~) N C& rloSc; :"'"\~~^'''''''''li'''ir-,ro r',:C10E i..J:'-j t \~.,,-I., 1'- I ~;t I _I~) Ii., f\ ,. ':.~.' \.- ,.,' . ~'..... .... '., !\t\ i ' 'iii'\" 200n HOV 30 PM 2: 06 CLERK OF Estate of Robert W. Birrell ,deceaseCORPHAN'S COURT CUr,/:Efr,1 CO., P.\ To the Register of Wills of Cumberland County, Pennsylvania. RENUNCIATION The undersigned, Kenneth A. Birrell. son of the above decedent hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters Testamentary be issued to Bruce E. Birrell and Bonnie L. Birrell b- WITNESS my hand this ~ day of November, 2006. Affirmed and subscribed before me this 1.~ day of NU\it(l\~ ,2006. VERONICA M SUPAPUCDEE Notary Public, State of Mary!and Mv GO[!ljl1ii;lSion ~xf?irf)$ OCt. 1 Q. 2010 Notary Public I).(~ ~, ~~ SIGNATURE 1620 E. Jefferson Street, Apt. 406 Rockville. MD 20852 '\ So. ~\('ft\\ ADDRESS "\"(\'1 0D~ ~ tI- ~oe'''> 'f'c ~~~;~ SIGNATURE Or ADDRESS Affirmed and subscribed before me this _ day of , 2005. SIGNATURE Register of Wills ADDRESS Deputy