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HomeMy WebLinkAbout04-22-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of SAMUEL A. SCHRECKENGAUST, JR. also known as File Number J I - DC{ ~ Ot.JSD . Deceased Social Security Number 204-01-8500 BARBARA S. SCHRECKENGAUST Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'D' BELOW:) IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is I are the Executrix last Will of the Decedent dated March 21, 2002 and codicil(s) dated N/A named in the (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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: NO EXCEPTIONS o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his I her last principal residence at 17 Creek Bank Drive. Mechanicsburg, Silver Soring Townshio, Cumberland County. Pennsvlvania (List street address, town/city, township, county, state, zip code) Decedent, then 93 Pennsvlvania years of age, died on March 30, 2008 at Bethany Village, Lower Allen Twp. Cumberland County, Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (Ifnot domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ 100,000.00 situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last WiJI andCodicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T ed or rinted name and residence Ba bara S. Schreckengaust, 17 Creek Bank Drive, Mechanicsburg, P A 17050 FormRW-02 rev. 10.13.06 Page 1 of2 . Oath of Personal Representative ~[~~.,,:.fT~~~ffii~~~\ : : ss COUNTY OF ~ ,ftttJ:1. : The Petitioner(s) above-namJd swear(s) or affirm(s) that the statements m the foregomg PetItIOn are true and correct to the best of the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. l~~, ~ Signature of Personal Representative . Sworn to or affirmed and subscribed before me the ;,. ~ ~ day of ~~~ ~g;,t'" W. MIll,'......... Signature of Personal Representative Signature of Personal Representative File Number: ~I-O~- D450 Estate of SAMUEL A. SCHRECKENGAUST, JR. , Deceased Social Security Number: 204-01-8500 Date of Death: March 30, 2008 AND NOW, .2JOtn I'11u-- Ai... ArtU.l , ~OOR . in consideration ofthe foregoing Petition, satisfactory proof having been presented bef~ED that Letters Testamenta are hereby granted to Barbara S. Schreckengaust in the above estate and that the instrument(s) dated March 21, 2002 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. lL. FEES (fIG,OD Letters ............... $ Short Certificate(s) . . . . .~.. $ Renunciation(s) .......... $ .. . $ .. . $ .. . $ ... $ ... $ ... $ .. . $ .. . $ .. . $ TOTAL .............. $ Attorney Signature: Attorney Name: David M. Watts, Jr., Esq. Supreme Court J.D. No.: 42232 Address: McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 Telephone: 717-237-5344 Form RW-02 rev. 10.13.06 Page 2 of2 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 P 14328571 Certification Number 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. APR 0 1 2008 ~I'l~ / / Local Registrar Date Issued o ~~~ ") "L' ~" r-.. , '-..1 ~€ F;; ..,::...-:. :;.J ",',/:' ~;~ r-.:J = = = ;:poo --0 ;:0 N N J) C-'::::::; -0 (:=J -'" :r: ::0 w "1.] --1 -:;> .. REV 11/2006 PRINT IN AANENT CK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER 1. Name of Decedent (Ars!, middle, last. suffix) A. Jr. ar) 7. Birlhplace (City and state OJ 10 . September 5, 1914 Harrisburg, ad. FaciMty Name (If not institution, give street and number) Lower Allen Twp. Bethany Village most 01 wo' life. Do not stale reli Kind of BusineIS f Industry Law . 16. Decedent's Mailing Address (Street, city / town, state, zip axle) 17 Creek Bank Drive Mechanicsburg, PA 17050 18. Father's Name (First, mickle, last, suffix) Samuel A. Schreckengaust, Sr. 208. lnlonnant's Name (Type I Print) Barbara Schreckengaust iii C,ematioo 0 Donatioo o Burial 0 Removal from State I Was Cremation or DonItIon Authorized o 0",,,. "y: I by MedIcal Eumlnor I Coroner? (Ot person acting as such) 12. Was Decedent ever in lhe U.S. Anned Forces? IXIv" ONO Decedent's Actual R8Biclence 17a.Slale 13. Decedenfs Education (SpecIfy only highest grade completed) Elementary I Seconde". (()'12) College (1-4 0' 5+) 12 6 Pennsylvania Cumberland 17b. Counly 204 - 01 4. Dale or Death (Month, day, year) March 30, 2008 8500 Sa. Place of Death (Check only one) Hospital: Other o Inpal~1 0 ER 10ulpalienl 0 DOA IKl NUnling Home 9. Was D8C9den1 of Hispanic Origin? (II yes, specify Cuban, Mexican, Puerto Rican, elc.) white Old Oecedenl Live ina Township? Twp. 10. Race: American Indian, Black, White, etc. ISped'l1 14. Marital Stalus: Married, Never Married, Widowed, DIvo,ced ISpoci'l1 Married Barbara Starr Silver Spring 17c. ~ Yes, Decedent Uved in 17d. 0 No, Decedent Lived wtltlin Actual limits of City I Boro 19. Mother's Name (RlSt, middle, maiden surname) Luetta DeHart 2Ob. Informanfs Mailing Address (Street, city I town, state, zip code) 17 Creek Bank Drive, Mechanicsburg, PA 17050 21c. PIac& of OIsposltloo (Name 01 cemel81'f, crematory or other place) 21d. Location (City 11oWn, stale, zip code) Evans Crematory FH & CS, Inc., P.O. Box 431, 23b. License Number K;V'.J8/71 L CAUSE OF OEATlt (See Instructions and examplH) Hem 27. Part I: Enler Ihe ~ diseases, injuries, or complications -that dir&etly caused the death. 00 NOT enler terminal events such as cardiac arrest, respiralory arrest or venlriClAar fiDrillallon withoul showing the etiology. UsI only one cause on each fine Schaefferstown, PA 17088 PA 17070 26. Was Case Referred 10 Medical Examiner I Coroner lor a Reason Other than Cremation or Donation? o Ve. IaloIo Approximate interval: Part II: Enter other sionilicanl condillons oontribulina 10 death, 28. Did Tobacro Use Contribute to Death? Onset to Death but not resulting in the underlying cause jjven in Part I 0 Yes 0 Probably o No 0 Unknown 321. II Transportation InjUry (5p9cify) o Driver f Operator 0 Passef'l96r OPedeslrian M OOlhe,.SpeciIy: _ ____________._____ 338, Certilier(check only one) ~. Sign~l.reandTttleOf?r1ilier\ _ } Certl~ng physician (Physician certifying cause 01 death when anolher physician has pronounced death and completed Item 23) ,... ~ To the best of my knoMedge, death occurred due to the cause(s) and manner as staled.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~~o:u~~n~6~ :~:r~~hx:;~~ft~u=~ 1~lIltl~:~n:n:::~~~:~~myoro:=~:~~ manner as stated.- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 33c. tkensa Number Medical Examiner I Co,,,,,,,, N\O A- ).J11-~) 3 ;\ 'Vll On bssls of examl aUoo a f .~ ~~ an~A~~ o~~ Who Complj!!d Cause 01 qe,th WS~ 27), :Y~ f !~~-. ~ H K. m~ I\i \ () ~ "\. IL.K.I...{ rtOVr,p' \V "\ l'l AI /:)\F" ~I _~(> ':tL~_".P.~_) 70~_ =U~~~:n~~~~1)d~ a. ~n:~~='~r~a. = UNDERLVING CAUSE (disease or injury Iilat ioiIialed Ihe events resulting In death) LAST. b. c. d. 3Oa. Was an Autopsy Perlormed? n. Wer6 Autopsy Findings Available Prior 10 Complelion 01 Cause of Dealh? 31. Manner of Death 32a. Date 01 Injury (Monll1, day, year) ~",I o Homicide o Accideo' 0 Pending Investigation o Suicide 0 Could Not be Determined 32d. Time 01 tnjury o Ve. 0.6" OVes ON' 35. Regist ~ I.-~I /101...1/1/ 1 DispO.iliOll Pe,mil No. 0 \q Co) q 0 Lf U7\ iy f f ,,- j) If'rT1Flcr r 29, If Female: o Not pregnant within past year o Pregnant altime or death o Not pregnant, but pregnant wilhin 42 days oldealh o Not pregnant, but pregnanl43 days to 1 year before death o Unknown if pregnant wilhin the past year 32c. Place oll.njury: Home, Fa~, Street, Factory, Office Bu~din9, etc. ,'Specify) 32g. Localion a/Injury (Street, cil~ r town, slale) '. .. . . . ) ~ LAST WILL AND TESTAMENT OF SAMUELA.SCHRECKENGAUS~JR r--.:l (~ (") c::;;> ".-- L.....:) I, Samuel A. Schreckengaust, Jr., of Cumberland County, Pennsylvania, revoke any:Fiflor will~,. and codicils and declare this to be my Will.', =i"2 0 7~ ,- r,) N -1'J i-, I ~.-) -'~) , ::(J :, ;:.'-J ARTICLE I Family Information r" -'i 1-",-; ! (~) ,~") ;.\ -~-: ~- '. (J , , -''-, I j . - ,) c-- rn (,.) ,-.,r) C") --,.1 A. Spouse. I am married to Barbara S. Schreckengaust, and any reference to my wife shall be to her. .. B. Children. I have five children now living before the date of my Will: John S. Schreckengaust, Raymond S. Schreckengaust, Mary B. Cantone, Mark A. Schreckengaust, and Elizabeth S. Tomlinson. I have one son, William R. Schreckengaust, who predeceased me without issue. ARTICLE II Tangible Personal Property A. Memorandum of Wishes. I may leave a writing disposing of some or all of my tangible personal property. If I do so, and the writing can be incorporated by reference into this Will or otherwise be legally binding, I direct that it be incorporated or followed and prevail over the disposition below in this Article. If the writing is not legally binding, I request that my wishes be followed. This provision shall apply whether the writing is executed before or after this Will. B. General Gift of Tangibles. I give all my tangible personal property (other than items effectually disposed of above) as follows: 1. I give my tangible personal property to my wife if she survives me. 3. If my wife does not survive me, I bequeath such property equally to my children. If anyone of my children does not survive me, his or her share shall be distributed per stirpes among those of his or her issue who survive me. If there are no such issue, said property shall go to my other children, or if anyone of my other children is not then living, shall be distributed per stirpes among those of his or her issue who survive me. With regard to the property passing hereunder, distribution shall be made among my children on the basis of choices made in order determined by lot and rotation, and the values as finally determined for federal estate tax purposes (or if none, then the values as finally determined for state death tax purposes) shall be determinative with regard to the values of the property chosen, and any ultimate disparity among my children shall be equaled by such payments among them as may be necessary. If anyone of my children . . is not then living, the choices to which he or she would have been entitled shall be made by his or her issue in order determined by lot and rotation. C. Gift Includes Insurance. A gift of property under this Article includes my rights under any related insurance policies or the proceeds of such policies. ARTICLE III Survivorship Any beneficiary, other than my spouse, hereunder who dies within sixty (60) days following the date of my death or the termination of or distribution from any trust under this Will for which entitlement the date of this beneficiary's death shall be relevant, shall be deemed to have predeceased me or to have died before the termination of or distribution from that trust, as the case may be, for all purposes of this Will. ARTICLE IV Powers of Appointment I declare that I do not by this Will intend to exercise any power of appointment. ARTICLE V Residue Pourover Revocable Trust. I give my residuary estate, real and personal, to the Trustees of my Second Amended and Restated Trust Agreement dated March 21, 2002, (sometimes referred to as "the Trust" or "the Trust Agreement") that I have signed before signing this Will, to be disposed of as provided in that Trust Agreement, including any amendments to it signed after today. If this gift is invalid but the terms of the Trust may be incorporated into this Will or otherwise carried out under this Will, then (i) I hereby appoint the Trustee under that Trust Agreement to be Trustee under this Will; (ii) I incorporate the provisions of that Trust Agreement into this Will; (iii) I give my residuary estate to the Trustee under this Will; and (iv) I direct that the residue of my estate shall be disposed of in the manner provided in that Trust Agreement but with the trusts thereby set forth treated as trusts under this Will. I direct my Executor to follow any instructions contained in that Trust Agreement in making any tax election, including but not limited to the allocation of my GST Exemption. I direct that the taxes imposed by reason of my death upon property passing under and outside this Will be apportioned and paid in the manner provided in that Trust Agreement, and I incorporate the tax apportionment provisions of that Trust Agreement as part of this Will. ARTICLE VI Payments to Minors Whenever income or principal becomes for any reason distributable to a person under twenty- one (21) years of age (described herein as the "Minor" regardless of the actual legal age of majority), my Executor may make the distribution in any way in which my Executor shall deem appropriate, including (but not limited to) those enumerated in this Article: 2 A. Distribution to Trust. My Executor may hold the property in a separate trust for the Minor until the Minor attains twenty-one (21) years of age. My Executor may distribute to the Minor as much of the net income and/or principal of the trust as my Executor may from time to time determine, for any purpose, annually adding to principal any undistributed net income. When the Minor reaches twenty-one (21) years of age, my Executor shall distribute the property to the Minor, if then living, or otherwise: 1. to the Minor's descendants surviving the Minor, per stirpes, or in default thereof; 2. if the Minor was a grandchild or more remote descendant of mine, to the descendants then living, per stirpes, of the Minor's nearest ancestor who was a descendant of mine with issue then living, or in default thereof or if the Minor was a child of mine; 3. to my descendants then living, per stirpes. B. Distribution to Custodian. My Executor may distribute the property to a custodian under any state's version of the Uniform Transfers (or Gifts) to Minors Act, including a custodian selected by my Executor. My Executor may select any age for termination of the custodianship permitted under the Act, giving due consideration to selecting twenty- one (21) years of age if that is permitted. C. Distribution to Donee of a Power During Minority. My Executor may actually distribute the property to anyone serving as Trustee under this Will, in a manner so that it then vests in the Minor, to hold the same as donee of a power during minority, such donee to have all the powers of a Trustee under this Will (including the power to apply the property for the Minor) and to be compensated as if the property were a separate trust, but with no duty to account to any court periodically or otherwise. D. Distribution to a Guardian of a Minor's Property. My Executor may distribute the property to a guardian of the Minor's property. E. Distribution to a Minor's Parent. My Executor may distribute the property to a parent of the Minor even if the parent does not assume any formal fiduciary capacity concerning the property. Distributions shall be made to a parent of a beneficiary only if the parent either is a descendant of mine or was married to a descendant of mine at the date of death of the descendant of mine who was the spouse of the parent to receive the distribution. F. Distribution Directly to a Minor. My Executor may distribute the property directly to the Minor if the Minor has attained fourteen (14) years of age and has the practical capacity to own the type and amount of property in question. G. Exoneration of Fiduciary for Distributions for Minor. My Executor shall be free from any responsibility for the subsequent disposition of the property if it is distributed in one of the ways specified in this Article. 3 , , ARTICLE VII Executors A. Initial Appointments. I appoint my wife, Barbara S. Schreckengaust, to be Executor of this Will. B. Successors. If my wife fails to act or ceases to qualify as an Executor, I appoint, my sons, John S. Schreckengaust and Mark A. Schreckengaust, as Successor Co- Executors. C. Clarification. Any reference to "Executor" includes any successor, unless expressly indicated otherwise. D. Additional Provisions Regarding Changes in Fiduciaries. 1. Any Executor may resign at any time without court approval and whether or not a successor has been appointed. 2. Each individual Executor (including successors) shall have the right to appoint a successor individual Executor by an instrument in writing, such appointment to take effect upon the death, resignation or incapacity of the appointing Executor. An appointment may be changed or revoked until it takes effect. If I have named a successor or successors to the appointing Executor in this Will, the appointment of a successor under this paragraph shall take effect only if and when all persons that I have appointed fail to qualify or cease to act. 3. The individuals (and any corporation) acting as my Executor may at any time acting unanimously by written instrument appoint an individual or a corporation with fiduciary powers as a Co-Executor. 4. If the office of Executor is vacant, and no successor takes office pursuant to any other provision of this Will, an individual or corporation with fiduciary powers may be appointed as Executor by my wife if then living and competent, otherwise by a majority of my adult descendants then living and competent. 5. An Executor may be appointed pursuant to this Article for a limited purpose or to hold only specified powers. E. Accountings and Other Proceedings. 1. My Executor shall take such action for the settlement or approval of accounts at such times and before such courts or without court proceedings as my Executor shall determine. My Executor shall pay the costs and expenses of any such action or proceeding, including (but not limited to) the compensation and expenses of attorneys and guardians, out of the property of my estate. 2. I direct that in any proceeding relating to my estate, service upon any person under a legal disability need not be made when another person not under a disability is a party to the proceeding and has the same interest as the person under the disability. The person under the disability shall nevertheless be bound 4 . , by the results of the proceeding. The same rule shall apply to non-judicial settlements, releases, exonerations, and indemnities. F. Fiduciary Powers. My Executor 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 Executor until the actual distribution of the property. The powers of my Executor shall include the following powers: 1. My Executor may pay my debts as soon as practicable in the course of the administration of my estate, and pay my funeral and burial expenses without regard to any limits otherwise imposed by law on funeral and burial expenses. If, under law, my wife is primarily liable for my funeral or burial expenses or the expenses of my last illness, I hereby relieve her of such liability and direct that payment be made from my estate. 2. My Executor may payout of my general estate administration expenses incurred in connection with real or tangible personal property located outside of my domicile. 3. My Executor may determine what property is covered by general descriptions contained in this Will. 4. My Executor may determine whether and to what extent to elect to qualify any eligible property for the federal or state marital deduction, even though an Executor may have an interest affected by the election. 5. My Executor may make any election available under the tax laws in such manner as my Executor shall determine, including any election to treat a revocable trust created by me as part of my estate for income tax purposes, even though an Executor may have an interest affected by the election, except where an Executor is prohibited from participating in the election by another provision of this Will. 6. My Executor may retain any property originally owned by me, and invest and reinvest in all forms of real and personal property, whether inside or outside the United States, including without limitation, common trust funds of a corporate Executor, mutual funds, partnerships (including a partnership in which an Executor is a partner), and other forms of joint investment (which may but need not be managed by, advised by, or affiliated with an Executor), without regard to any principle of law limiting delegation of investment responsibility by executors. 7. My Executor may compromise claims or debts and abandon or demolish any property which my Executor shall determine to be of little or no value. 8. My Executor may sell property at public or private sale, for cash or upon credit, exchange property for other property, lease property for any period of time, and give options of any duration for sales, exchanges or leases. 5 9. My Executor may borrow from anyone, even if the lender is an Executor under this Will, and may pledge property as security for repayment of the funds borrowed, including the establishment of a margin account. No Executor shall be personally liable for any such loan, and such loan shall be payable only out of assets of my estate. 10. My Executor may, without the consent of any beneficiary, distribute in cash or in kind, and allocate specific assets in satisfaction of fractional shares or pecuniary sums including cash legacies among the beneficiaries (including any trust) in such proportions, not necessarily pro rata, as my Executor may determine, even though an Executor has an interest affected by the distribution and even though different beneficiaries entitled to the same sum or share may thereby receive different mixes of assets, possibly with different income tax bases, as long as the fair market value of property on the date of distribution is used in determining the extent to which any distribution satisfies a sum or share. 11. My Executor may apply to the use of any individual, any property, whether principal or income, that otherwise would or could be distributed directly to such individual. 12. My Executor may, with respect to any real property: (i) partition, subdivide or improve such property and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of any real estate in which my estate has an interest and impose or extinguish restrictions on any such real estate; (ii) sell, exchange, lease for any period, mortgage, alter, or otherwise dispose of such property and execute any instrument necessary to do that; and (iii) charge to principal the net loss incurred in operating or carrying non-income producing real property. 13. My Executor may employ a custodian, hold property unregistered or in the name of a nominee (including the nominee of any bank, trust company, brokerage house or other institution employed as custodian), and pay reasonable compensation to a custodian in addition to any fees otherwise payable to my Executor, notwithstanding any rule of law otherwise prohibiting such dual compensation. 14. My Executor may make loans to, and buy property from my wife's estate of any trust subject to any wealth transfer tax upon either of our deaths, regardless of the fact that one or more or all of the persons serving as Executor hereunder are also serving as a selling or borrowing executor or trustee; provided that such loans shall be for adequate interest and shall be adequately secured and such purchases shall be for fair market value. 15. My Executor may employ and rely upon advice given by accountants, attorneys, investment bankers, and other expert advisers, and employ agents, clerks and other employees, and pay reasonable compensation to such advisors or employees in addition to fees otherwise payable to my Executor, notwithstanding any rule of law otherwise prohibiting such dual compensation. 16. My Executor may accept or decline to accept additions from any source. 6 17. My Executor may allocate receipts and disbursements to income or principal in such manner as my Executor shall determine, even though a particular allocation may be inconsistent with otherwise applicable state law. My Executor shall follow any direction by the Trustee of a trust with respect to allocations affecting property passing to that trust. 18. My Executor may, with respect to rights or interests in oil, natural gas, minerals, and other natural resources (together with related equipment), including oil and gas royalties and leases, whether owned in fee, as lessee, lessor, licensee, concessionaire, or otherwise, or alone or jointly as partner, joint tenant, joint venturer or in any other noncorporate manner: (a) drill, test, explore, maintain, develop and otherwise exploit, either alone or jointly with others, any such rights or interests; (b) enter into operation, farm-out, pooling or unitization agreements in connection with any or all of such rights and interests; and (c) extract, remove, process, convert, retain, store, sell, or exchange such rights and interests and the production therefrom, all in any manner, to any extent, on any terms and for any consideration. G. Exoneration from Security. No Executor shall be required to give bond or other security in any jurisdiction, and if despite this exoneration a bond is nevertheless required, no sureties shall be required. H. Additional General Provisions Regarding Fiduciaries. 1. Except to the extent specifically provided otherwise in this Will, references to my Executor shall, in their application to my estate, refer to all those from time to time acting as Executors and if two or more Executors are eligible to act on a given matter they shall act by majority. 2. Individual Executors shall receive compensation in accordance with the law of Pennsylvania in effect at the time of payment, unless the Executor waives compensation. A corporate Executor shall be compensated by agreement with the individual Executor or in the absence of such agreement in accordance with its fee schedule as in effect at the time of payment. I authorize a corporate Executor to charge additional fees for services it provides to my estate that are not comprised within its duties as Executor, for example, a fee charged by a mutual fund it administers in which my estate invests, or a fee for providing an appraisal, or a fee for providing corporate finance or investment banking services. I also recognize that a corporate Executor may charge separately for some services comprised within its duties as Executor, for example a separate fee for investing cash balances or preparing tax returns. Such separate charges shall not be treated as improper or excessive merely because they are added on to a basic fee in calculating total compensation for service as Executor. Insurance proceeds and retirement benefits payable to my estate shall not be subject to Executor's compensation. 3. No Executor shall be liable to anyone for anything done or not done by any other Executor or by any beneficiary. 4. The fact that an Executor is active in the investment business shall not be deemed a conflict of interest, and purchases and sales of investments may be 7 made through a corporate Executor or through any firm of which a corporate or individual Executor is a partner, shareholder, proprietor, associate, employee, owner, subsidiary, affiliate or the like, and property of my estate may be invested in individual securities, mutual funds, partnerships, private placements, or other forms of investment promoted, underwritten, managed, or advised by an Executor or such a firm. 5. My Executor may employ and rely upon advice given by investment counsel, delegate discretionary investment authority over investments to investment counsel, and pay investment counsel reasonable compensation in addition to fees otherwise payable to my Executor, notwithstanding any rule of law otherwise prohibiting such dual compensation. My Executor may acquire and retain investments that present a higher degree of risk than would normally be authorized by the applicable rules of fiduciary investment and conduct. No investment, no matter how risky or speculative, shall be absolutely prohibited, so long as prudent procedures are followed in selecting and retaining the investment and the investment constitutes a prudent percentage of the trust. My Executor shall not be under any duty to diversify investments regardless of any rule of law requiring diversification. 6. The fact that an Executor (or a firm of which an Executor is a member or with which an Executor is otherwise affiliated) renders legal or other professional services to my estate shall not be deemed a conflict of interest, and my Executor may pay fees for such services to such Executor or firm without prior approval of any court or any beneficiary and whether or not there is a Co-Executor to approve such payment. An attorney or other Executor who also renders professional services shall receive full compensation for both services as Executor and the professional services rendered, except as specifically limited by law. 7. No state law restraint on acts of self-dealing by a fiduciary shall apply to an Executor who is my wife or a descendant of mine. Except when prohibited by another provision of this Will, such an Executor may enter into transactions on behalf of my estate in which that Executor is personally interested so long as the terms of such transaction are fair to my estate. For example, such an Executor may purchase property from my estate at its fair market value without court approval. 8. Any Executor may delegate to a Co-Executor any power held by the delegating Executor, but only if the Co-Executor is authorized to exercise the power delegated. A delegation may be revocable, but while it is in effect the delegating Executor shall have no responsibility concerning the exercise of the delegated power. ARTICLE VIII Definitions and Miscellaneous Provisions The following definitions and miscellaneous provisions shall apply under this Will: 8 , , i, A. Determining Descendants. One's children and other descendants shall be determined according to applicable law, except to the extent modified by this paragraph or by any other specific provision of this Will. 1. A child adopted before he or she attains eighteen (18) years of age (but not after attaining that age), shall be treated under this Will as a child and descendant of his or her adopting parents and their ancestors. 2. A biological child shall not be treated as a child or descendant of any biological parent of the child or of the ancestors of such biological parent, if the child has been surrendered for adoption with the consent of such biological parent and the child's adoptive parent substitutes for such consenting parent under applicable state law. 3. Adoptions and marriages that are recognized under this Will shall not affect prior distributions or other interests that have previously vested in possession, but they shall enable a person to receive distributions from or remainder or other interests in a trust still in existence. The descendants of a person who is treated as a child or descendant under this Article, shall also be treated as descendants of such person's ancestors. The descendants of a person who is treated as not being a child or descendant under this Article, shall also be treated as not being descendants of such person's ancestors. B. Tangible Personal Property. The term "tangible personal property" includes personally held art, antiques, stamp and coin collections, and other collectibles. Subject to that, it does not include property primarily held for investment purposes. It does not include any property held for use in a trade or business, ordinary currency and cash, or bullion. C. Per Stirpes. Property that is to be divided among an individual's surviving or then living descendants "per stirpes" shall be divided into as many equal shares as there are children of the individual who are then living or who have died leaving surviving or then- living descendants. A share allocated to a deceased child of the individual shall be divided further among such deceased child's surviving or then-living descendants in the same manner. D. Minor and Adult. Whether an individual is a minor or an adult shall be determined under the laws of the individual's domicile at the time in question, except in cases when this Will has specifically defined "Minor" to mean a person under twenty-one (21) years of age. E. Survivorship. Any beneficiary hereunder who dies within sixty (60) days following the date of my death or the termination of or distribution from any trust under this Will for which entitlement the date of this beneficiary's death shall be relevant, shall be deemed to have predeceased me or to have died before the termination of or distribution from that trust, as the case may be, for all purposes of this Will. F. Code and Regulations. References to the "Internal Revenue Code" or "Code" or to provisions thereof are to the Internal Revenue Code of 1986, as amended at the time in question. 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 9 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 to the renumbered provision or the corresponding provision of the subsequent law, unless to do so would clearly be contrary to my intent as expressed in this Will, and a similar rule shall apply to references to the Regulations. G. Gross Estate. "Gross estate" means my gross estate as determined for federal estate tax purposes (or for state death tax purposes where relevant). J+ IN WITNESS WHEREOF, I have hereunto subscribed my name on this ~day of March, 2002. TESTATOR: Signed, sealed, published and declared by Samuel A. Schreckengaust, Jr., the testator above named, as and for his Last Will and Testament, in our presence, and we in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses: ~h.~' Witness W'/('VI /It. ~.4 Address: 1/ c/.--r,.,d.;fz,...-. /U Address: ' 10 , , \ , COMMONWEALTH OF PENNSYLVANIA : ss: COUNTY OF DAUPHIN We, Samuel A. Schreckengaust, Jr., fnlW?lIWrtJ E. N. ,q.c..( I and /YJ~J( R. ..p~ ~ , the testator and the witnesses, respectively, whose names are subscribed 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 purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as witness and that to the best of each such witness's knowledge the testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. TESTATOR: ~~.~. Witness Samuel A. Schreckengaust, Subscribed, sworn to and acknowledged before me by Samuel A. Schreckengaust, Jr., the testator, and subscribed and sworn to before me by /J1/Hi!IA/IIttJ E jJ. ACJe I and ;n ft1< K I< ,iJ/f1eTl-f-€.-m E-I<. , the witnesses, thisc:>o?J~ay of March, 2002. &u-tA. dJ fi N~ (SEAL) NOTARIAl SEAl Carol A. Koppenhaver, Notary Public Harrisburg, PA Dauphin County 11 My COmmission Expires Maron 6, 2004 . Register ofWiIIs of Cumberland Cuunty State of Pennsylvania SS: County of Cumberland BE IT REMEMBERED, that I, Glenda Farner Strasbaugh, Register of Wills of Cumberland County, Pennsylvania, do hereby commission you, W. Robert Hentges, Surrogate/Judge, or one of your deputies, to administer the Oath of Personal Representative in the Estate of Samuel A. Schreckengaust, Jr., late of Lower Allen Township, Cumberland County, Pennsylvania pursuant to Section 3154 of the Probate Estates and Fiduciaries Code, 20 Pa.C.S.A.3154. IN TESTIMONY WHEREOF, I have here unto set my hand and affixed my seal the 22 day of April, 2008. t!~rs~~ Register of Wills Cumberland County A lJ/fr McNees Wallace & Nurick LLC attorneys at law LINDA M. ESHELMAN ESTATE PARALEGAL DIRECT DIAL: (717) 237-5210 DIRECT FAX: (717) 260-1640 E-MAIL ADDRESS:LESHELMAN@MWN.COM April 18, 2008 VIA FEDERAL EXPRESS Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: ESTATE OF SAMUEL A. SCHRECKENGAUST, JR. Probate of Will Ladies and Gentlemen: Our firm is assisting the family of Samuel A. Schreckengaust, Jr. with the administration of his Estate. At the time of his death on March 30, 2008, Mr. Schreckengaust was a resident of Cumberland County, Pennsylvania. Enclosed are the following documents to probate Mr. Schreckengaust's Will and have Barbara S. Schreckengaust appointed as Executor: · Petition for Probate and Grant of Letters · Estate Information Sheet · Original Will of Samuel A. Schreckengaust, Jr. · Certified Death Certificate · Check for $280 (probate fee of $210 plus $15 for the Will, JCP Fee ($10), Automation Fee ($5), Commission ($20), and 5 short certificates ($20)) As that Mrs. Schreckengaust is currently in Stone Harbor, New Jersey, please forward the necessary documents to have the oath administered to her to the following: W. Robert Hentges, Surrogate/Judge Cape May County Surrogate Court 4 Moore Road Dept. 207 Cape May Courthouse, NJ 08210 (609) 463-6666 P.O. Box 1166 .100 PINE STREET- HARRISBURG, PA 17108-1166. TEL: 717.232.8000. FAX: 717.237.5300. WWW.MWN.COM COLUMBUS, OH . STATE COLLEGE, PA. LANCASTER, PA. HAZLETON, PA. WASHINGTON, DC Register of Wills April 18, 2008 Page 2 The Cape May County Surrogate Court can contact Mrs. Schreckengaust at (856) 428-0997. Please note that this is the number for Mrs. Schreckengaust's daughter, Elizabeth Tomlinson, who will be bringing her to the local Court to be sworn in. Once the Letters Testamentary and short certificates are issued, please forward to our office. If you have any questions, please call . Thank you. LME/lme Enclosures c: Barbara S. Schreckengaust John S. Schreckengaust Raymond S. Schreckengaust Mary Cantone Mark A. Schreckengaust Elizabeth S. Tomlinson