HomeMy WebLinkAbout04-01-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of Elizabeth R. Rishar
CUMBERLAND
COUNTY, PENNSYLVANIA
File Number 21-- ~ ~ - ~ ~ ,~
also known as
,Deceased Social Security Number
Elizabeth R. Vogel and Margueritte H. Kling
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or `8' BELOW.)
0 A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the Executrices named in the
last Will of the Decedent, dated 1 210 812 0 0 5 and codicil(s) dated
Stafe 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:
B. Grant of Letters of Administration
app,ca e, en er: c..a.; ..n.c..a.; pe en e r e; uran e a sen ra; uran a moron a e
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any~,gd heirs(If
Administration, c. t. a. or d. b. n. c.t.a., enter date of Wil! in Section A above and complete list of heirs.) C7 0
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(COMPLETE /N ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his !her last principal residence at
106 Boyer Street, Summerdale, East Pennsboro Twp., PA
(List street address, town/city, township, county, state, zip code)
Decedent, then $2 years of age, died on 04/10/2008
Decedent at death owned property with estimated values as follows:
(If domiciled in PA)
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
situated as follows:
at 106 Boyer Street, Summerdale, Cumberland County, PA
All personal property
Personal property in Pennsylvania
Personal property in County
40,000.00
Wherefore, Petitioner(s) respectfully request(s) the probate of the fast Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Signature Typed or printed name and residence
,9 Elizabeth R. Vogel 105 Shirley Drive
~~~~ ~, ~~' ~~~~ Middletown, PA 17057
///""",,, /.h/~t„~/ J~ Z- (717) 939-0896
" J ~ Margueritte H. Kling 92 Front Street
Enola, PA 17025
~~~ ~~~~ ~--~ (717) 215-2357
Form KW-UL Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative ~
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COMMONWEALTH OF PENNSYLVANIA } SS !~ O 3
COUNTY OF Cumberland } ~ rn- -sc
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and corre~: best o}
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will welkin
administer the estate according to law. r••~ ~.
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Sworn to or affirmed and subscribed ~ ~
before me this /~ day of
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Signature of Personal Representative
File Number: 21 -- V D - C) Y c~
Estate of Elizabeth R. Rishar
A!K/A
Deceased
Social Securit Number: 'yy~I//,, cDate of Death: 04/10/2008
AND NOW, ~ / ~ (~(J V u , in consideration of the foregoing Petition, satisfactory proof
having been presented before rH , IT IS DECREED that Letters Testamentary
are hereby granted to Elizabeth R. Vogel and Margueritte H. Kling
in the above estate
and that the instrument(s) dated 12/08/2005
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
FEES n/l a/~
Letters .......................................... $ , lJ
Short Certificate(s) ........................ $
Renunciation(s) ............................. $
~~~ $ j~oo
$ 1 ~). C,~
u~ $ ~ c~
TOTAL .................................. $ ~`
Att
Supreme Court I.D. No.: 91402
Law Offices of Susan E. Lederer
Address: 4811 Jonestown Road, Ste 226
Harrisburg, PA 17109
Telephone: 717/652-7323
Form RtN 02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
~lgnawre orrersonal rrepresenranve Elizal!ieth R. Vogel ~
Attorney Name: Amy M. Moya
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, 56.00
1. ~~vl_.~ L7
('ertification Number
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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 perma)~ent filing.
~~ a st(~ ~ Date [sued O6
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REV 11/2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ ~
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PRINT IN
NKT CERTIFICATE OF DEATH -p ~
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(See Instructions and examples on reverse) RTATF FII F NI IMRF~
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1. Name of Decedent (First, mitldle, last, sufllx)
Elizabeth R
Risher 2. Sex
l 3. Social Secunry Number d. Dale al Death (Month, day, v~ ~~
. ema
e 201- 16-6102 April 10, 1008
5. Age (Last &rthday) Under 1 year Under 1 da 8. Date of Birth (Month, day, ear) 7. BidhpWCe (City aM stale a to ' n country) Ba. Place of Death (Check only one)
8 2 "'"'°' °"~ "°"" Mlwaa, 1 0/ 1/ 2 5 S t. Clair , P A "°'p~l other.
Vrs. ^ Inpatient ^ ER /Outpatient ^ DOA ^ Nursing Home ~] Residence
^Other ~ Speciry:
Bb. County of Death &. Ciry, Bore, Twp. of Death 6d. Facility Name (II not inatiNlion, give street end number) 9. Wes Decedanl of Hispanic Origin? ~ No ^ Yes 10. Race'. American Indan, Bloch, Wmile, etc.
Cumberland East Pennsboro 106 Boyer St. °fyaa'apa"IyDaban. (Spa""'White
Mexican, Puerto Rican, etc.)
11. Decetlenl's Usual Occu lion Kind of work done Burin most of wgrkin Ilte. Do not slate retired 12. Was Decedanl ever in me 13. Decedents Education (Specity only highest gads cempletetl) 14. Markel Seal s: Married, Never Married, 15. Surviving Spouse (If wife. give maiden name)
Kintl e~ WoM Kind of Business I Industry U.S. Armed Forces? Elementary /Secondary (0-12) College (1-4 or 5+) WMOwed, Divorcetl (Specrlyl
Homemaker Homemaker ^ves pCJNn U NK Widowed
tfi. Decetlent's Mailing Address (Street city sown, state. zip coda)
1 0 6 B
t Decedents Did Decedanl East Pennsboro
Slate P e n n s v l va n i a Live in a 17c
Actual Residents 17a
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Summerdale, PA 17093 p
,7b ct~n Cumberland 17d.^ No, Decedanl Livetl within
ry
Actual Limits of Ciry! 8oro
18. Famer's Neme (First. mitltlle, last, sufllx) C 1 a re nee Brown 19. Mother's Name (First, midtlle, maiden surname)
Nellie O'Neill
20a. Intonnanl's Noma (Type / Pnnq
Elizabeth R. Vogel 20h. InformeM's Mailkg Address (Street, city I town, slate, zl )
105 Shirley Dr. Mic~d~.etown, PA 17057
21a. Method of Dispositon ^ Cremalbn ^ Donation 21b. Date of Disposition (Monm, day, year) 21c. Place of Disposition (Name of cemetery, crematory or other place) 21 d. Location (Ciry! town, stale, zip code)
Burial ^ Removal Irom Stale i Wes Cemation or Donation Authorized 4/ 1 4/ 0 8 Ro 11 i n g Green Me mo r i a 1 P k Camp H i 11
P A
^ Other ~ Speclly i by MMlcal Eseminer I Coroner? ^ Yes ^ No . ,
22e. Sgnature of Fun e ~ ensee or c ng u 22b. license Number 22c. Name aM Address of Facility S u i va n F un e r a Home
- C~.> FD014993 51 N. Enola Dr. Enola, PA
Complete Items 2 < Doty when certiying 23a. To me bast of my knowletlge, tleam occurred at me time, date and place stated. (Signature and Mlej 23b. License Number - 23c. Date Signed (Month, tlay, year)
physican is Iwt ailable at time of death to
cediy reuse of death _ ~
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hems 2426 must be canpleted by person 24. Time of Death ~~ 26. Date P ed Deed (Momh, day, year) 26. Was Cese Referr to Medical Examiner /Coroner for a Re n Other roan Cremation or Donation?
who pronounces death i M. r. ~ 1 c~ ^ Yes No
CAUSE OF DEATH (See Instructlona end xamplea) r Approximate interval: Pan II: Enter other SIg0lfNent contlkions contnhukng to death, 26. Ditl Tobacco Use Cminbute to Death?
Item 27. Pan [ Enter Itw chain of events - tliseases, injuries, or wmpiirations -Thal directly causetl the death. DO NOT solar terminal events such as ramiac arrest, I Onset to Deam but not resuking in me undedying cause given in Pad I. ^ Yes ^ Probabry
resgralory arrest, or venlncular kbnllaaon without showing the etiology. List only one cause on each line. ~
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^ No ^ Unknown
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IMMEDIATE CAUSE IFinel disease or /
conditbn resulting in death)
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Due to (or as a consequence of): ^ Not pregnant within past year
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Sequentia hsl conditions, it any, b t
lead' to a cause listed on line a ^ Pregnant al time of death
.
Enter the UNDERLYING CAUSE Due to (or as a consequence oQ:
^ Nol pregnant, but pregnant within 42 tlays
(disease or injury met iniaetee the ,
events resulting m death) LAST. t of death
Due to (or as a consequence of): ^ Nol pregnant, but pregnant a3 days to 1 year
d ~ before death
^ Unknown It plegnanl within the past yea
30a. Was an Autopsy 30b. Were Autopsy Findings 37 Manner of Oeath 32a. Dale of Injury (Monm, day, year) 32b. Describe How Injury Occurred 32c. Place of Injury. Home, Fann, 31r991, Facloryr
Pedormetl? Available Pdor to Completion
l ^ H
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i Okice Builtling, etc. (Specity)
of Cause of Deelh? ~
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^ Ves No ^ Yes ^ No ~ Amidenl ^ Pending Invesligalion 32d. Time of Injury 32e. Inlury al Work? 32f. II Transportation Injury (Speciy) 32g. Location of Injury (Street, dly I town, stale)
^ Suicitle ^ Could Nol he Delenninad ^ Yes ^ No ^ Driver /Operator ^ Passenger ^ Pedestrian
M ^ Other - Spealy:
33a. Cenkier (check only one)
g
33b S nature and Title otGeni
• Cenilying physician (Physicren certifying cause of tleath when another pnysician has pronouncetl tleath and completed Item 23)
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To the bast of my knowledge, tleath occurretl due to the cause(s) and manner as stated_ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ .. _ . _ _ _ _ ... _ _ 'w` ~
• Pronouncing end cedlfying physician (Physician both proiouncing tleath and cenitymg to cause of death)
Te the beet of my knowledge, death occurred el the time, tlete, end place, and due to the cause(s) end manner ea stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ 33c. License Num' er 33d. Dale Sign (Month, day, year)
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• Medlcel Examiner /Coroner v~ ; ~
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On the basis of examinatlon and I or invesligalian, in my opinion, death occurretl al the thne, date, antl place, and due to the cause(s) and manner as shtetl_ ^
34. Name d Atltl s of Person Whe Completed Cause of Death (Ilam
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7) Type / nnl
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36. Date Filed (Month, day, year) ~ 1 ~ ~ ~ti
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Disposition Permit No. ~-+ ~ `~ V ~ ~+
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Last Will and Testament
of
Elizabeth R. Rishar
~~'~~~~
I, Elizabeth R. Rishar, a resident of Summerdale, Cumberland County,
Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my
Last Will and Testament.
Article One
Family Information
I have six children. Their names and dates of birth are:
Elizabeth R. Vogel, born on June 5, 1947
Joan M. Wehler, born on May 29, 1948
Patricia A. Weigel, born on January 6, 1951
Margueritte H. Kling, born on March 11, 1952
Francis A. Rishar, born on February 2, 1953
Christiana Helman, born on September 18, 1963
All references to my child en in my will are to these children.
References to my descendants are to my children and their descendants.
Article Two
Specific and General Gifts
Section 2.01 Disposition of Tangible Personal Property
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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
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Distribution of Personal Property" or other similar writing directing the disposition of
such property, which shall be dated and signed by me.
I intend that the writing qualify to distribute my tangible personal possessions under
applicable state law.
Section 2.02 Contingent Distribution of Tangible Personal Property
I give any tangible personal property not disposed of by a written memorandum to my
children, in shares of substantially equal value, to be divided among my children as they
shall agree. In case my children do not agree upon the division of the property within a
reasonable time not to exceed 6 months after my death, my Executor shall make the
division. My Executor may select an individual to represent any child my Executor
believes is incapable of acting in his or her own best interest.
My Executor, whose decision shall be final and binding, may use a lottery or rotation
system to determine the order of selection and distribution of any such property, or may
otherwise allocate and distribute the same. As an alternative, my Executor may sell any
of the property and distribute the net proceeds equally among my living children.
My Executor, whose decision shall be final and binding, may use a lottery or rotation
system to determine the order of selection and distribution of any such property, or may
otherwise allocate and distribute the same. As an alternative, my Executor may sell any
of the property and distribute the net proceeds equally among my living children. 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.
Section 2.04 Encumbrances and Incidental Expenses of Tangible
Personal Property
My Executor shall distribute property under this Article subject to liens, security interests
or other encumbrances on the property.
My Executor shall pay, as an administration expense, the reasonable expenses of storing,
packing, insuring, transporting and otherwise caring for my tangible personal property
until actual delivery of each article of property to the appropriate beneficiary.
Page 2
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
My residuary estate shall be administered as provided in Article Four entitled "Trust for
Francis A. Rishar."
Article Four
Trust for Francis A. Rishar
My Trustee shall hold the Distribution to Francis A. Rishar in trust for his benefit.
Section 4.01 Administration of Francis A. Rishar's Trust
My Trustee shall hold and administer Francis A. Rishar's trust under the provisions of
this Section.
(a) Distributions for Special Needs
My Trustee, in its sole, absolute, and unreviewable discretion, may
distribute discretionary amounts of net income and principal for special
needs of Francis A. Rishar not otherwise provided by governmental
financial assistance and benefits, or by the providers of services.
"Special needs" refers to the requisites for maintaining the good health,
safety, and welfare when, in the discretion of my Trustee, such requisites
are not being provided by any public agency, office, or department of any
state or of the United States.
"Special needs" shall also include, but not be limited to, medical and
dental expenses, annual independent checkups, clothing and equipment,
programs of training, education, treatment and rehabilitation, private
residential care, transportation (including vehicle purchases), maintenance,
insurance, and essential dietary needs. "Special needs" may include
spending money; additional food; clothing; electronic equipment such as
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radio, recording and playback, television and computer equipment;
camping; vacations; athletic contests; movies; trips; and money to
purchase appropriate gifts for relatives and friends.
My Trustee shall have no obligation to expend trust assets for such needs,
but if my Trustee, in its sole, absolute and unreviewable discretion,
decides to expend trust assets, under no circumstances should any amounts
be paid to, or reimbursed to, the federal government, any state, or any
governmental agency for any purpose, including for the care, support, and
maintenance of Francis A. Rishar.
(b) Objective to Promote Independence of Francis A. Rishar
While actions are in my Trustee's sole, absolute and unreviewable
discretion, all parties to this trust agreement should be mindful that it is
my wish that Francis A. Rishar live as independently, productively, and
happily as possible.
(c) Trust Assets not to be Considered Available Resource
to Francis A. Rishar
The intent of this Trust is to supplement any benefits received, or for
which the beneficiary may be eligible, through or from various
governmental assistance programs and not to supplant any such benefits.
All actions of my Trustee shall be directed toward carrying out this intent
and the discretion granted my Trustee under this agreement to carry out
this intent is absolute.
For purposes of determining Francis A. Rishar's eligibility for any such
benefits, no part of the principal or undistributed income of the trust estate
shall be considered available to him for public benefit purposes. Francis
A. Rishar shall not be considered to have access to principal or income of
the trust, and he has no ownership, right, authority, or power to convert
any asset into cash for his own use.
My Trustee shall hold, administer, and distribute all property allocated to
this trust for the exclusive benefit of Francis A. Rishar during his lifetime.
A11 distributions from this trust share are in the sole and absolute
discretion of my Trustee, and Francis A. Rishar is legally restricted from
demanding trust assets for his support and maintenance.
In the event my Trustee is requested to release principal or income of the
trust to or on behalf of Francis A. Rishar to pay for equipment,
medication, or services that any government agency is authorized to
provide, or in the event my Trustee is requested to petition a court or any
other administrative agency for the release of trust principal or income for
this purpose, my Trustee is authorized to deny such request and is
authorized in its discretion to take whatever administrative or judicial
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steps may be necessary to continue Francis A. Rishar's eligibility for
benefits, including obtaining legal advice about Francis A. Rishar's
specific entitlement to public benefits and obtaining instructions from a
court of competent jurisdiction ruling that neither the trust corpus nor the
trust income is available to Francis A. Rishar for eligibility purposes. Any
expenses of my Trustee in this regard, including reasonable attorneys'
fees, shall be a proper charge to the trust estate.
(d) Distribution Guidelines
My Trustee shall be responsible for determining what discretionary
distributions shall be made from this trust. My Trustee may distribute
discretionary amounts of income and principal to or for the benefit of
Francis A. Rishar for those special needs not otherwise provided by
governmental financial assistance and benefits, or by the providers of
services. Any undistributed income shall be added to principal. In
making distributions, my Trustee:
Shall consider any other known income or resources of the
beneficiary that are reasonably available;
Shall take into consideration all entitlement benefits from
any government agency, such as Social Security disability
payments, Medicare, Medicaid (or any state Medicaid
program equivalent), Supplemental Security Income (SSI),
In-Home Support Service (IHSS) and any other special
purpose benefits for which Francis A. Rishar is eligible;
Shall take into consideration resource and income
limitations of any such assistance program;
Shall make expenditures so that Francis A. Rishar's
standard of living will be comfortable and enjoyable;
Shall not be obligated to or compelled to make specific
payments;
Shall not pay or reimburse any amounts to any
governmental agency or department, unless proper demand
is made by such governmental agency and reimbursement
is required by the state; and
Shall not be liable for any loss of benefits.
(e) No Seeking of Order to Distribute
For purposes of determining Francis A. Rishar's state Medicaid program
equivalent eligibility, no part of the principal or undistributed income of
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the trust estate shall be considered available to Francis A. Rishar. My
Trustee shall deny any request by Francis A. Rishar to (1) release principal
or income of the trust to or on behalf of him to pay for equipment,
medication, or services that the state Medicaid program equivalent would
provide if the trust did not exist; or (2) petition a court or any other
administrative agency for the release of trust principal or income for this
purpose. My Trustee may, in its sole, absolute and unreviewable
discretion, take necessary administrative or legal steps to protect Francis
A. Rishar's state Medicaid program equivalent eligibility, including
obtaining a ruling from a court of competent jurisdiction that the trust
principal is not available to Francis A. Rishar for purposes of determining
state Medicaid program equivalent eligibility. Expenses for this purpose,
including reasonable attorneys' fees, will be a proper charge to the trust
estate.
(f) Indemnification of Trustee When Acting in Good Faith
My Trustee shall be indemnified from the trust property for any loss or
reduction of public benefits sustained by Francis A. Rishar as a result of
my Trustee exercising, in good faith, the authority granted to my Trustee
under this Section.
(g) Distribution Upon the Death of Francis A. Rishar
If Francis A. Rishar should die after the establishment of his trust, but
before the complete distribution of his trust, my Trustee shall distribute the
remaining trust property in equal shares to my children, Elizabeth R.
Vogel, Christiana Helman, Margueritte H. Kling, Patricia A. Weigel, and
Joan M. Wehler, or to the survivor(s) of them, pro rata.
If [have no living children, my Trustee shall distribute the balance of the
trust property as provided in Article Five.
Section 4.02 Distribution if Francis A. Rishar is Deceased
If Francis A. Rishar should die before the establishment of his trust, my Trustee shall
distribute Francis A. Rishar's share to my children, Elizabeth R. Vogel, Christiana
Helman, Margueritte H. Kling, Patricia A. Weigel, and Joan M. Wehler, or to the
survivor(s) of them, pro rata. If I have no living children, my Trustee shall distribute the
balance old the trust property as provided in Article Five.
Page 6
Article Five
Remote Contingent Distribution
If, at any time, there is no person or entity qualified to receive final distribution of my
probate or trust estate or any part of it, then the portion of my probate or trust estate with
respect to which the failure of qualified recipients has occurred shall be distributed to
those persons who would inherit it had I then died intestate owning the property, as
determined and in the proportions provided by the laws of the Commonwealth of
Pennsylvania then in effect.
Article Six
Designation of Fiduciaries
Section 6.01 Executor
I name Elizabeth R. Vogel and Margueritte H. Kling, jointly as my Executor. If one of
them is unable serve, then I appoint Christiana Helman as my Executor. If Christiana
Helman is unable to serve, then I appoint Patricia A. Weigel as my Executor. If Patricia
A. Weigel is unable to serve, then I appoint Joan M. Wehler as my Executor.
Section 6.02 My Trustee
I appoint Elizabeth R. Vogel and Margueritte H. Kling, jointly as my Trustee to serve as
Trustee of any trusts created under my will. If one of them is unable serve, then I appoint
Christiana Helman as my Trustee. If Christiana Helman is unable to serve, then I appoint
Patricia A. Weigel as my Trustee. If Patricia A. Weigel is unable to serve, then I appoint
Joan M. Wehler as my Trustee.
Article Seven
Trust Administration Provisions
The provisions of this Article pertain to any trust created under my will.
Page 7
Section 7.01 No Court Proceedings
Any trust created under my will shall be administered expeditiously, consistent with the
provisions of my will, free of judicial intervention, and without order, approval or action
of any court. A trust shall be subject to the jurisdiction of a court only if my Trustee or
another interested party institutes a legal proceeding. A proceeding to seek instructions
or a court determination shall be initiated in the court having original jurisdiction over
matters relating to the construction and administration of trusts. Seeking instructions or a
court determination shall not subject a trust to the continuing jurisdiction of the court.
Section 7.02 Resignation of a Trustee
A Trustee may resign by giving notice to the income beneficiaries of the trust and to any
other Trustee then serving.
Section 7.03 Removal of a Trustee
No Trustee can be removed by any beneficiary, except for cause, which removal must be
approved by a court of competent jurisdiction upon the petition of any beneficiary.
In no event shall the court petitioned to approve the removal of a Trustee acquire any
jurisdiction over the trust except to the extent necessary to approve or disapprove
removal o:f a Trustee.
If a beneficiary is a minor or is incapacitated, the parent or legal representative of the
beneficiary may act on behalf of the beneficiary.
Section 7.04 Default of Designation
If the office of Trustee of a trust created under my will is vacant and no designated
successor Trustee is able and willing to act as Trustee, a majority of my surviving
children shall appoint an individual or corporate fiduciary as successor Trustee.
Any beneficiary may petition a court of competent jurisdiction to appoint a successor
Trustee to fill any vacancy remaining unfilled after a period of 30 days. By making such
appointment, the court shall not thereby acquire any jurisdiction over the trust, except to
the extent necessary for making the appointment.
If a beneficiary is a minor or is incapacitated, the parent or legal representative of the
beneficiary may act on behalf of the beneficiary.
Section 7.05 Notice of Removal and Appointment
Notice of removal shall be in writing and shall be delivered to the Trustee being removed
and to any other Trustees then serving. The notice of removal shall be effective in
accordance with its provisions.
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Notice of appointment shall be in writing and shall be delivered to the successor Trustee
and any other Trustees then serving. The appointment shall become effective at the time
of acceptance by the successor Trustee. A copy of the notice shall be attached to my will.
Section 7.06 Appointment of a Cotrustee
Any individual Trustee may appoint a corporate fiduciary as a Cotrustee. A Cotrustee so
named shall serve only as long as the Trustee who appointed the Cotrustee (or, if the
Cotrustee was named by more than one Trustee acting together, by the last to serve of
those Trustees) serves, and that Cotrustee shall not become a successor Trustee upon the
death, resignation, or incapacity of the Trustee who appointed the Cotrustee, unless so
appointed under the terms of my will. The Trustee appointing a Cotrustee may revoke
the appointment at any time with or without cause.
Section 7.07 Corporate Fiduciaries
Any corporate fiduciary serving as a fiduciary under my will must be a bank, trust
company, or public charity that is qualified to act as a fiduciary under applicable federal
and state law and that is not related or subordinate to any beneficiary within the meaning
of Section 672(c) of the Internal Revenue Code.
Section 7.08 Incapacity of a Trustee
If any individual Trustee becomes incapacitated, it shall not be necessary for the
incapacitated Trustee to resign as Trustee. A written declaration of incapacity by the
Cotrustee, if any, or, if none, by the party designated to succeed the incapacitated
'Trustee, if' made in good faith, will terminate the trusteeship.
Section 7.09 Appointment of Independent Special Trustee
If for any reason the Trustee of any trust created under my will is unwilling or unable to
act with respect to any trust property or any provision of my will, the Trustee shall
appoint, in writing, a corporate fiduciary or an individual to serve as an Independent
Special Trustee as to such property or with respect to such provision. The Independent
Special Trustee appointed shall not be related or subordinate to any beneficiary of the
trust within the meaning of Section 672(c) of the Internal Revenue Code. The Trustee
may revoke the appointment at will.
An Independent Special Trustee shall exercise all fiduciary powers granted by my will
unless expressly limited elsewhere in my will or by the Trustee in the instrument
appointing the Independent Special Trustee. An Independent Special Trustee may resign
at any tune by delivering written notice of resignation to the Trustee. Notice of
resignation shall be effective in accordance with the terms of the notice.
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Section 7.10 Majority Action of Trustees
If two Trustees are eligible to act with respect to a given matter, the concurrence of both
shall be required for action to be taken; if more than two Trustees are eligible to act with
respect to a given matter, the concurrence of a majority of my Trustees shall be required
for action to be taken.
A nonconcurring Trustee may dissent or abstain from a decision of the majority. A
Trustee shall be absolved from personal liability by registering its dissent or abstention in
the records of the trust. After doing so, the dissenting Trustee shall then act with my
other Trustees in any way necessary or appropriate to effectuate the decision of the
majority.
Notwithstanding any provision of my will to the contrary, a Trustee may disclaim or
release, in whole or in part, by an instrument in writing, any power it holds as Trustee,
irrevocably or for any period of time that the Trustee may specify. The Trustee may
make the relinquishment of a power personal to the Trustee or may relinquish the power
for all subsequent Trustees.
Section 7.11 Disclaimer by Beneficiary Serving as Trustee
Notwithstanding any provision of my will to the contrary, any beneficiary serving as a
Trustee may disclaim or release, in whole or in part, by an instrument in writing, any
power such beneficiary holds as Trustee, irrevocably or for such period of time as such
Trustee may specify, without affecting the continuance of the power in any other Trustee.
Section 7.12 Exoneration of My Trustee
My Trustee is not obligated to examine the accounts, records or actions of any previous
fiduciary. My Trustee shall in no way or manner be responsible for any act or omission
to act on the part of any previous fiduciary.
Unless my Trustee has received notice of removal, my Trustee shall not be liable to any
beneficiary for the consequences of any action taken by my Trustee that would have
been, but for the prior removal of my Trustee, a proper exercise by my Trustee of the
authority granted to my Trustee under my will.
My Trustee may request and obtain from the beneficiaries or from their legal
representatives, agreements in writing releasing my Trustee from any liability that may
have arisen from my Trustee's acts or omissions to act and indemnifying my Trustee
from liability for the acts or omissions. An agreement described in this paragraph, if
acquired from all the living beneficiaries of my will or from their legal representatives,
shall be conclusive and binding upon all parties, born or unborn, who may have, or may
in the future acquire, an interest in my will.
My Trustee may require a refunding agreement before making any distribution or
allocation of the income or principal of a trust created under my will and may withhold
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distribution or allocation pending determination or release of a tax lien or other lien. This
refunding agreement provision shall not apply to any distribution that qualifies for the
federal esl;ate tax charitable deduction.
Section 7.13 Benefits Payable to My Trustee
My Trustf;e may exercise any right to determine the manner and timing of payment (by
lump sum. or otherwise) of any benefits or assets payable by reason of my death to my
Trustee or to any trust created under my will. This includes, but is not limited to, such
benefits under life insurance policies, employee benefit plans, retirement plans or other
contracts, plans or arrangements providing for payment or transfer at death to such trust.
My Trustee shall not be liable to any beneficiary for the death benefit election selected.
My Trustee shall not be obligated to undertake litigation for collection of any benefits or
assets payable to such trust unless it is indemnified to its satisfaction against any liability
and expense of such litigation.
Persons or entities dealing in good faith with my Trustee shall not be required to see to
the proper application of proceeds delivered to my 'Trustee, or to inquire into any
provision of my will. Payment to my Trustee and the receipt of or release by my Trustee
shall fully discharge the person or entity making such payment.
Notwithstanding anything in my will to the contrary, no benefits or assets payable by
reason of :my death to my Trustee or to any trust created under my will shall be subject to
the claims against my estate, nor shall such benefits be subject to the control of my
Executor nor be included in the property administered as a part of my probate estate.
Section 7.14 Certificate by Trustee
A written statement of the Trustee of any trust established under my will at any time as to
any facts :relative to the trust may always be relied upon and shall always be conclusive
evidence in favor of any transfer agent and any other person dealing in good faith with
the Trustee in reliance upon such statement.
Section 7.15 Funeral and Other Expenses of Beneficiary
Upon the death of an income beneficiary of a trust created under my will, my Trustee
may pay the funeral expenses, burial or cremation expenses, enforceable debts and other
expenses incurred due to the death of the beneficiary from trust property. This Section
shall only apply to the extent the income beneficiary has not exercised any testamentary
power of appointment granted to him under my will.
My Trustee may rely upon any request by the personal representative or members of the
family of the deceased beneficiary for payment without verifying the validity or the
amounts and without being required to see to the application of the amounts so paid. My
Trustee rriay make decisions under this Section without regard to any limitation on
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payment of expenses imposed by statute or rule of court and may be made without
obtaining the approval of any court having jurisdiction over the administration of the
deceased beneficiary's estate.
Section 7.16 Trust Accounting
Except to the extent required by law, my Trustees shall not be required to file annual
accounts with any court or court official in any jurisdiction.
Upon the written request of a beneficiary, my Trustee shall render an accounting at least
annually 1:o the income beneficiaries of the trust during the accounting period that
includes the date of the written request. The accounting shall include the receipts,
disbursements, and distributions occurring during the accounting period and a balance
sheet of the trust property if no tax return is filed, or may consist just of the tax return for
the accounting period if a tax return is filed for the trust.
In the absence of fraud or manifest error, the assent by all income beneficiaries to an
accounting of an Independent Trustee shall make the matters disclosed in the accounting
binding and conclusive upon all persons, both those in existence on the date of my death
and those to be born in the future who have, or will in the future have, a vested or
contingent interest in the trust property. In the case of a minor or incapacitated
beneficiary, that beneficiary's natural guardian or legal representative shall give the
assent required under this Section.
The failure of any person to object to any accounting by giving written notice to my
Trustee within 60 days of the person's receipt of a copy of the accounting shall be
deemed to be an assent by such person.
The trust's financial records and documentation shall be available at reasonable times and
upon reasonable notice for inspection by trust beneficiaries and their representatives. My
Trustee shall not be required to furnish trust information regarding my trust to any
individual, corporation, or other entity that is not a beneficiary or the representative of a
beneficiary, and is not requesting the information pursuant to a valid court order.
Section 7.17 Authority to Merge or Sever Trusts
My Trustee may merge and consolidate a trust created under my will with any other trust,
if the two trusts contain substantially the same terms for the same beneficiaries and at
least one Trustee in common.
My Trustee may administer the merged and consolidated trust as a single trust or unit. If,
however, a merger or consolidation does not appear feasible, my Trustee may consolidate
the assets of the trusts for purposes of investment and trust administration while retaining
separate rE;cords and accounts for each respective trust.
My Trustee may sever any trust on a fractional basis into two or more separate and
identical trusts or may segregate a specific amount or asset from the trust property by
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allocation to a separate account or trust. The separate trusts may be funded on a non pro
rata basis provided that funding is based on the total fair market value of the assets on the
date of fimding. Income earned on a segregated amount or specific asset after the
segregation passes with the amount or asset segregated. My Trustee shall hold and
administer. each separate trust upon terms and conditions substantially identical to those
of the trust from which it was severed.
Subject to the terms of the trust, my Trustee may consider differences in federal tax
attributes and other pertinent factors in administering the trust property of any separate
account or trust, in making applicable tax elections, and in making distributions. A
separate trust created by severance must be treated as a separate trust for all purposes
from the date on which the severance is effective; however, the effective date of
severance may be retroactive to a date before the date on which my Trustee exercises the
power.
Section x.18 Authority to Terminate Trusts
If, at any time, my Trustee, other than an Interested Trustee , in its sole discretion,
determines that a trust created under my will is no longer economical or is otherwise
inadvisable to administer as a trust, or if my Trustee, other than an Interested Trustee,
deems it to be in the best interest of my beneficiaries, my Trustee, without further
responsibility, may terminate the trust and distribute the trust property, including any
undistributed net income, in the following order of priority:
To the beneficiaries then entitled to mandatory distributions of net income
of the trust and in the same proportions; and
If none of the beneficiaries are entitled to mandatory distributions of net
income, to the beneficiaries then eligible to receive discretionary
distributions of net income of the trust, in such amounts and shares as my
Trustee, other than an Interested Trustee, may determine.
Article Eight
General Administrative Provisions
The provisions of this Article apply to my probate estate and to any trust created under
my will.
Page 13
Section 8.01 No Bond
No Fiduciary shall be required to furnish any bond for the faithful performance of the
Fiduciary's duties. If a bond is required by any law or rule of court, no surety shall be
required on such bond.
Section 8.02 Fiduciary Compensation
An individual serving as my Fiduciary shall be entitled to fair and reasonable
compensation for the services rendered as a fiduciary. A corporate fiduciary shall be
compensated by agreement with an individual Fiduciary or, in the absence of an
individual Fiduciary or in the absence of an agreement, in accordance with the corporate
fiduciary's published schedule of fees in effect at the time the services are rendered.
My Fiduciary may charge additional fees for services it provides that are not comprised
within its duties as my Fiduciary such as fees for legal services, tax return preparation
and corporate finance or investment banking services.
In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable
costs and expenses incurred in carrying out its duties under my will.
Section 8.03 Employment of Professionals
My Fiduciary may appoint, employ and remove, at any time and from time to time,
investment advisors, accountants, auditors, depositories, custodians, brokers, consultants,
attorneys, expert advisers, agents, and employees to advise or assist the Fiduciary in the
performance of its duties. My Fiduciary may act upon the recommendations of the
persons or entities employed with or without independent investigation.
My Fiduciary may reasonably compensate an individual or entity employed to assist or
advise my Fiduciary regardless of whether the person or entity shall be a fiduciary under
my will or a corporate affiliate of a fiduciary and regardless of whether the entity shall be
one in which a fiduciary is a partner, member, stockholder, officer, director or corporate
affiliate oi• has any other interest.
My Fiduciary may pay the usual compensation for services contracted for under this
Section out of principal or income of the trust as my Fiduciary may deem advisable. My
Fiduciary may pay compensation to an individual or entity employed to assist or advise
my Fiduciary without diminution of or charging the same against the compensation to
which the fiduciary is entitled under my will. Any fiduciary who shall be a partner,
stockholder, officer, director or corporate affiliate in any entity employed to assist or
advise my Fiduciary shall nonetheless receive the fiduciary's share of the compensation
paid to the: entity.
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Section 8.04 Exercise of Testamentary Power of Appointment
A testamentary power of appointment granted under my will may be exercised by valid
will or valid living revocable trust that specifically refers to the power of appointment.
The holder of a testamentary power of appointment may exercise the power to appoint
property among the permissible appointees in equal or unequal proportions, and on such
terms and conditions, whether outright or in trust, as the holder of the power designates.
The holdf;r of a testamentary power of appointment may grant further powers of
appointment to any person to whom principal may be appointed, including a presently
exercisable limited or general power of appointment.
My Trustee may conclusively presume that any power of appointment granted to any
beneficiary of a trust created under my will has not been exercised by the beneficiary if
my Trustee has no knowledge of the existence of a valid will or valid living revocable
trust exercising the power within 3 months after the beneficiary's death.
Section 8.05 Determination of Principal and Income
The Pennsylvania Uniform Principal and Income Act shall govern beneficiaries' rights
among themselves in matters concerning principal and income. If the Pennsylvania
Uniform Principal and Income Act contains no provision concerning a particular item,
my Fiduciary shall determine in a fair, equitable and practical manner what shall be
credited, charged, and apportioned between principal and income.
Section 8.06 Spendthrift Provision
Neither the income nor the principal of any trust established under my will shall be
assigned, anticipated or alienated in any manner by any beneficiary, nor shall it be subject
to attachment, bankruptcy proceedings or any other legal process, or to the interference or
control of creditors or others.
Nothing contained in this Section shall restrict in any way the exercise of any power of
appointment granted in my will.
Section 8.07 Distributions to Incapacitated Persons and Persons Under
Twenty-Five Years of Age
If my Fiduciary is directed to distribute any share of my probate estate or trust principal
to a beneficiary who is under the age of 25 years or is in the opinion of my Fiduciary,
under any form of incapacity that renders the beneficiary unable to administer
distributions properly when the distribution is to be made, and if no other trust is then to
be held under my will for the beneficiary's primary benefit, my Fiduciary may, as
Trustee, in my Fiduciary's discretion, continue to hold the beneficiary's share as a
separate trust until the beneficiary reaches the age of 25 or overcomes the incapacity.
When the beneficiary reaches the age of 25 or overcomes the incapacity, my Fiduciary
shall distribute the beneficiary's trust to him or her, outright free of trust.
Page 15
While any trust is being held under this Section, the 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 the beneficiary's health, education,
maintenance and support.
Upon the death of the beneficiary before that time, the Trustee shall distribute the trust,
including any accrued and undistributed income, to my then living descendants, per
stirpes. I:f I have no then living descendants the property shall be distributed under the
provisions of Article Five entitled "Remote Contingent Distribution."
Section 8.08 Maximum Term for Trusts
Notwithstanding any other provision of my will to the contrary, unless terminated earlier
under other provisions of my will, each trust created under my will shall terminate 21
years after the last to die of the descendants of my maternal and paternal grandparents
who are living at the time of my death.
At that tune, the remaining trust property shall vest in and be distributed to the persons
entitled to receive mandatory distributions of net income of the trust and in the same
proportions. If no beneficiary is entitled to mandatory distributions of net income, the
remaining trust property shall vest in and be distributed to the beneficiaries entitled to
receive discretionary distributions of net income of the trust, in equal shares per stirpes.
Section 8.09 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.
Section 8.10 Distributions to Beneficiaries
Whenever my will authorizes or directs my Fiduciary to make a distribution of net
income or principal to a beneficiary, my Fiduciary may apply for the benefit of the
beneficiary any property that otherwise could be distributed directly to the beneficiary.
My Fiduciary shall have no responsibility to inquire into the beneficiary's ultimate
disposition of the distributed property unless specifically directed otherwise by my will.
My Fiduciary may make distributions in cash or in kind, or partly in each, in proportions
and at values determined by my Fiduciary. My Fiduciary may allocate undivided
interests in specific assets to a beneficiary or trust in any proportion or manner that my
Fiduciary determines, even though the property allocated to one beneficiary may be
different from that allocated to another beneficiary.
My Fiduciary may make these determinations without regard to the income tax attributes
of the property and without the consent of any beneficiary.
Page 16
Section 8.11 Ancillary Administration
In the event ancillary administration shall be required or desired and my domiciliary
Executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor
shall have the power to designate, compensate, and remove the ancillary fiduciary. The
ancillary :fiduciary may be either a natural person or a corporation. My domiciliary
Executor may delegate to such ancillary fiduciary such powers granted to my original
Executor as my Executor may deem proper, including the right to serve without bond or
surety on bond. The net proceeds of the ancillary estate shall be paid over to the
domiciliary Executor.
Section 8.12 Delegation of Authority; Power of Attorney
Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right
to exercise any power, including a discretionary power, granted the Fiduciary in my will.
During the time a delegation under this Section is in effect, the Fiduciary to whom the
delegation was made may exercise the power to the same extent as if the delegating
Fiduciary had personally joined in the exercise of the power. The delegating Fiduciary
may revoke the delegation at any time by giving written notice to the Fiduciary to whom
the power was delegated.
The Fiduciary may execute and deliver a revocable or irrevocable power of attorney
appointing any individual or corporation to transact any and all business on behalf of the
trust. Thf; power of attorney may grant to the attorney-in-fact all of the rights, powers,
and discretion that the Fiduciary could have exercised.
Section 8.13 Merger of Corporate Fiduciary
If any corporate fiduciary acting as my Fiduciary under my will is merged with or
transfers substantially all of its trust assets to another corporation or if a corporate
fiduciary changes its name, the successor shall automatically succeed to the position of
my Fiduciary as if originally named my Fiduciary. No document of acceptance of the
position of my Fiduciary shall be required.
Article Nine
Powers of My Fiduciaries
Section 9.01 General Grant of Powers
My Fiduciary may perform every act reasonably necessary to administer my estate and
any trust. My Fiduciary may execute and deliver any and all instruments in writing,
Page 17
which my Fiduciary considers necessary to carry out any of the powers granted under my
will.
Section 9.02 Investment Powers in General
My Fiduciary may invest in any type of investment that my Fiduciary determines is
consistent with the investment goals of my estate or any trust, whether inside or outside
the geographic borders of the United States of America and its possessions or territories,
taking into account the trust's overall investment portfolio.
Without limiting my Fiduciary's investment authority in any way, I request that my
Fiduciary exercise reasonable care and skill in selecting and retaining investments. I also
request that my Fiduciary take into account the following factors in choosing investments
for my estate or any trust:
The potential return from the investment, both in the form of income and
appreciation;
The potential income tax consequences of the investment;
The investment's potential for volatility; and
The role the investment will play in my estate or the trust's portfolio.
I request that my Trustee, in arranging the investment portfolio of any trust, also consider
the possible effects of inflation or deflation, changes in global and U.S. economic
conditions, transaction expenses, and the trust's need for liquidity.
My Fiduciary may delegate its discretion to manage investments to any registered
investment adviser or corporate fiduciary.
Section 9.03 Banking Powers
My Fiduciary may establish bank accounts of any type in one or more banking
institutions that my Fiduciary may choose. My Fiduciary may open accounts in the name
of my Fiduciary (with or without disclosing fiduciary capacity) or in the name of my
estate or the trust. When an account is in the name of my estate or the trust, checks on
that account and authorized signatures need not disclose the fiduciary nature of the
account or• refer to my estate, any trust or Fiduciary.
An account from which my Fiduciary makes frequent disbursements need not be an
interest bearing account. My Fiduciary may authorize withdrawals from an account by
check, draft or other instrument or in any other manner.
Page 18
Section 9.04 Contract Powers
My Fiduciary may sell at public or private sale, transfer, exchange for other property, and
otherwise dispose any property contained in my probate estate or any trust for
consideration and upon terms and conditions that my Fiduciary deems advisable. My
Fiduciary may grant options of any duration for any such sales, exchanges, or transfers of
trust property.
My Fiduciary may enter into contracts, and may deliver deeds or other instruments, as my
Fiduciary deems appropriate.
Section 9.05 Common Investments
For purposes of convenience with regard to the administration and investment of any
trust, my Trustee may invest part or all of the property jointly with trust property of other
trusts for which my Trustee is also serving as a Trustee. For this purpose, a corporate
fiduciary acting as my Trustee may use common funds for investment.
When trust property is managed and invested in this manner, my Trustee shall maintain
records that sufficiently identify that portion of the jointly invested assets that constitute
the property of the trust.
Section 9.06 Environmental Powers
My Fiduciary shall have the right to inspect property held directly or indirectly by my
probate estate or any trust to determine compliance with or to respond to any
environmental law affecting the property. "Environmental law" shall mean any federal,
state, or local law, rule, regulation, or ordinance relating to protection of the environment
or of human health.
My Fiduciary may refuse to accept additional property if my Fiduciary determines that
the property is or may be contaminated by any hazardous substance or is or was used for
any purpose involving hazardous substances that could create liability to my estate, any
trust or to my Fiduciary.
My Fiduciary may use the income and principal of my probate estate or a trust to (i)
conduct environmental assessments, audits or site monitoring; (ii) take remedial action to
contain, clean up or remove any hazardous substance including a spill, discharge or
contamination; (iii) institute, contest or settle legal proceedings brought by a private
litigant or any local, state, or federal agency concerned with environmental compliance;
(iv) comply with any order issued by any court or by any local, state, or federal agency
directing an assessment, abatement or clean-up of any hazardous substance; and (v)
employ agents, consultants and legal counsel to assist my Fiduciary in these actions.
My Fiduciary shall not be liable for any loss or reduction in value sustained by my
probate estate or a trust as a result of my Fiduciary's retention of property on which
hazardous materials or substances requiring remedial action are discovered unless my
Page 19
Fiduciary contributed to the resulting loss or reduction in value through willful
misconduct or gross negligence.
My Fiduciary shall not be liable to any beneficiary or to any other party for any decrease
in the value of probate or trust property as a result of my Fiduciary's compliance with any
environmental law, including any reporting requirement.
My Fiduciary may release, relinquish or disclaim any power held by my Fiduciary that
my Fiduciary determines may cause my Fiduciary to incur individual liability under any
environmental law.
Section 9.07 Litigation and Settlement Powers
My Fiduciary, in its discretion and at the expense of my probate estate or the trust, may
institute, join, compromise, settle dismiss and defend any probate or trust property in any
judicial or administrative proceeding. This shall include specifically, but not limited to
proceedings or class actions brought against any public entity or government agency or
brought by any such entity for attachment, recoupment, levy, invasion, reformation, or
access of ~uiy kind to property of my probate estate or a trust. My Fiduciary is authorized
to retain such legal counsel and ancillary personnel, as my Fiduciary deems appropriate
in the exercise of its discretion.
Section J.08 Loans and Borrowing Powers
My Fiduciary may make secured or unsecured loans to any person (including a
beneficiary), entity, trust or estate, for any term or payable on demand, with or without
interest. My Fiduciary may enter into or modify the terms of any mortgage or security
agreement granted in connection with any loan and may release or foreclose on the
mortgage or security.
My Fiduciary may borrow money at interest rates and on other terms that it deems
advisable :from any person, institution or other source including, in the case of a corporate
fiduciary, its own banking or commercial lending department.
My Fiduciary may encumber estate and trust property by mortgages, pledges and other
hypothecation and shall have the power to enter into any mortgage, whether as a
mortgagee or mortgagor even though the term may extend beyond the termination of the
trust and beyond the period that is required for an interest created under my will to vest in
order to be; valid under the rule against perpetuities.
My Fiduciary may purchase, sell at public or private sale, trade, renew, modify, and
extend mortgages. My Fiduciary may accept deeds in lieu of foreclosure.
Page 20
Section 9.09 Nominee Powers
My Fiduciary may hold real estate, securities and any other estate or trust property in the
name of a nominee or in any other form without disclosing the existence of my estate, the
trust or fiduciary capacity.
Section 9.10 Payment of Taxes and Expenses
Except as otherwise provided in my will, my Fiduciary is authorized to pay all property
taxes, assessments, fees, charges, and other expenses incurred in the administration or
protection. of my estate or any trust. All payments shall be a charge against estate or the
trust, as the case may be, and shall be paid out of income and to the extent that income is
insufficient, then out of principal. The determination of my Fiduciary with respect to the
payment of expenses shall be conclusive upon the beneficiaries.
Section 9.11 Real Estate Powers
My Fiduciary may sell at public or private sale, purchase, exchange, lease for any period,
mortgage, manage, alter, improve and in general deal in and with real property in such
manner and on such terms and conditions as my Fiduciary deems appropriate.
My Fiduciary may grant or release easements in or over, subdivide, partition, develop,
raze improvements, and abandon, any real property.
My Fiduciary may manage real estate in any manner that my Fiduciary deems best and
shall have all other real estate powers necessary for this purpose.
My Fiduciary may enter into contracts to sell real estate. My Fiduciary may enter into
leases and grant options to lease trust property even though the term of the agreement
extends beyond the termination of a trust and beyond the period that is required for an
interest created under my will to vest in order to be valid under the rule against
perpetuitic;s. For such purposes, my Fiduciary may enter into any contracts, covenants
and warranty agreements that my Fiduciary deems appropriate.
Section 9.12 Retention and Abandonment of Trust Property
My Fiduciary may retain, without liability for depreciation or loss resulting from
retention, any property contained my estate or any trust at the time of its creation or as the
result of the exercise of a stock option. My Fiduciary may retain property,
notwithstanding the fact that the property may not be of the character prescribed by law
for the investment of assets held by a fiduciary, and notwithstanding the fact that
retention inay result in inadequate diversification under any applicable Prudent Investor
Act or other applicable law.
My Fiduciary may hold property that is non-income producing or is otherwise
nonproductive if holding the property is, in the sole and absolute discretion of my
Fiduciary, in the best interests of the beneficiaries. My Fiduciary is permitted to retain a
Page 21
reasonable amount in cash or money market accounts in order to pay anticipated
expenses and other costs and to provide for anticipated distributions to or for the benefit
of a beneficiary.
My Fiduciary may abandon any trust property that my Fiduciary deems to be of
insignificant value.
Section 9.13 Securities, Brokerage and Margin Powers
My Fiduciary may buy, sell, trade and otherwise deal in stocks, bonds, investment
companies, mutual funds, common trust funds, commodities, options and other securities
of any kind and in any amount. My Fiduciary may write and purchase call or put options,
and other derivative securities. My Fiduciary may maintain margin accounts with
brokerage firms and may pledge securities to secure loans and advances made to my
Fiduciary or to or for the benefit of a beneficiary.
My Fiduciary may place all or any part of the securities held by my estate or a trust in the
custody of a bank or trust company. My Fiduciary may have all securities registered in
the name of the bank or trust company or in the name of its nominee. My Fiduciary may
appoint the bank or trust company as the agent or attorney in fact to collect, receive,
receipt for and disburse any income and generally to perform the duties and services
incident tc- a custodian of accounts.
My Fiduciary may employ abroker-dealer as a custodian for securities held by my estate
or the trust and may register the securities in the name of the broker-dealer or in the name
of a nominee with or without the addition of words indicating that the securities are held
in a fiduciary capacity. My Fiduciary may hold securities in bearer or uncertificated form
and may use a central depository, clearing agency or book-entry system, such as The
Depository Trust Company, Euroclear or the Federal Reserve Bank of New York.
My Fiduciary may participate in any reorganization, recapitalization, merger or similar
transaction. My Fiduciary may exercise or sell conversion or subscription rights for
securities of all kinds and description.
My Fiduciary may give proxies or powers of attorney that may be discretionary and with
or without powers of substitution. My Fiduciary may vote or refrain from voting as to
any matter.
Section 9.14 Tangible Personal Property and Residences
My Fiduciary may acquire, maintain and invest in articles of tangible personal property,
whether or not the property is income producing, and may pay the expenses of the repair
and maintenance of the property.
My Fiduciary shall have no duty to convert the property referred to in this Section to
productive property except as required by other provisions of my will.
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My Fiduciary shall have no liability for any depreciation or loss as a result of the
retention of any property retained or acquired under the authority of this Section.
My Trustee may acquire, maintain and invest in any residence for the use and benefit of
the beneficiaries of the trust, whether or not the residence is income producing and
without regard to the proportion that the value of the residence may bear to the total value
of the trust property and even if retaining the residence involves financial risks that
trustees would not ordinarily incur. My Trustee may pay or make arrangements for
others to pay all carrying costs of the residence, including, but not limited to, taxes,
assessments, insurance, expenses of maintaining the residence in suitable repair, and
other expenses relating to the operation of the residence for the benefit of the
beneficiaries.
My Trustee may permit any income beneficiary of the trust to occupy any real property
or use any personal property owned by the trust on terms or arrangements that my
Trustee may determine, including rent free or in consideration for the payment of taxes,
insurance, maintenance, repairs, or other charges.
Section 9.15 Power of Executor to Disclaim and to Distribute Directly to
a Beneficiary
if such disclaimer can be treated as a Qualified Disclaimer, I give my Executor the power
to disclaim any interest, in whole or in part, which my estate may acquire (including an
interest in any ather estate, trust, insurance proceeds, annuity, contract or pension plan)
for any purpose (including overall reduction in death taxes) and without regard to
whether such disclaimed property will pass to the same persons, at the same time or in
the same manner as if there had been no disclaimer.
If at my death, the terms of a trust created under my will provide that property is to be
distributed outright to a beneficiary, my Executor may make the distribution to the
beneficiary without the intervention of my Trustee.
Section 9.16 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 my 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 my will. My Executor shall have absolute discretion in
exercising these powers. Except as specifically limited by my will, these powers shall
extend to all property held by my fiduciaries until the actual distribution of the property.
Section 9.17 Alternative Distribution Methods
My Fiduciary may make any payment provided for under my will or under the terms of
any trust established under my will as follows:
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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 my
Fiduciary.
Section 9.18 Limitation on My Trustee's Powers
All powers granted to my Trustee under my will or by applicable law shall be limited as
set forth in this Section, unless explicitly excepted by reference to this Section.
An Interested Trustee may not exercise or participate in the exercise of discretion with
respect to the distribution of income or principal, or the termination of the trust to or for
the benefit of a beneficiary, to the extent that the exercise of such discretion is other than
for the health, education, maintenance or support of a beneficiary as described under
Sections 2041 and 2514 of the Internal Revenue Code.
Article Ten
Provisions for Payment of Debts, Expenses and Taxes
Section 10.01 Payment of Debts and Expenses
I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as
practicable after my death.
Section 10.02 No Apportionment
Except as otherwise provided in this Article or elsewhere in my will, my Executor shall
provide far payment of all estate, inheritance and succession taxes payable by reason of
my death ("death taxes") from my residuary estate as an administrative expense without
apportionment and shall not seek contribution toward or recovery of any death tax
payments from any individual.
Page 24
Section 10.03 Property Passing Outside of My Will
Death taxf;s imposed with respect to property included in my gross estate for purposes of
computing the tax 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.
Section 10.04 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 Eleven
Definitions and General Provisions
Section 11.01 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 shall be
treated in the same manner under my will as natural children of the
adopting parent, provided such person is legally adopted prior to attaining
the age of 18 years. A person shall be deemed to be legally adopted if the
adoption was legal in the jurisdiction in which it occurred at the time that
it occurred.
(b~ Descendants
The term "descendants" shall include a person's lineal descendants of all
generations.
Page 25
(cA 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
school including boarding school;
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;
and
Any other curriculum or activity that my Trustee may deem
useful for developing the abilities and interests of a
beneficiary including, without limitation, athletic training,
musical instruction, theatrical training, the arts and travel.
The term "education" shall also include distributions made by my Trustee
fol• expenses such as tuition, room and board, fees, books and supplies,
tutoring and transportation and a reasonable allowance for living expenses.
(d) Fiduciary
My "Fiduciary" or "Fiduciaries" shall refer to my Executor and my
Trustee, or if they are different persons, either of them. My "Executor"
shall include any executor, ancillary executor, administrator, or ancillary
administrator, whether local or foreign and whether of all or part of my
estate, multiple Executors, and their successors.
(e) Incapacity
Except as otherwise provided in my will, a person shall be deemed
incapacitated in any one of the following circumstances.
(1) The Opinion of Two Licensed Physicians
An individual shall be deemed incapacitated whenever, in
the opinion of two licensed physicians, the individual is
unable to effectively manage his or her property or
financial affairs, whether as a result of age, illness, use of
prescription medications, drugs or other substances, or any
other cause.
Page 26
An individual shall be deemed restored to capacity
whenever the individual's personal or attending physician
provides a written opinion that the individual is able to
effectively manage his or her property and financial affairs.
(2) Court Determination
An individual shall be deemed incapacitated if a court of
competent jurisdiction has declared the individual to be
disabled, incompetent or legally incapacitated.
(3) Detention, Disappearance or Absence
An individual shall be deemed incapacitated whenever he
or she cannot effectively manage his or her property or
financial affairs due to the individual's unexplained
disappearance or absence for more than 30 days, or
whenever he or she is detained under duress.
An individual's disappearance, absence or detention under
duress may be established by an affidavit of any fiduciary.
The affidavit shall describe the circumstances of an
individual's detention under duress, disappearance or
absence and may always be relied upon by any third party
dealing in good faith with my fiduciary in reliance upon the
affidavit.
An individual's disappearance, absence or detention under
duress may be established by an affidavit of my Executor.
(f) Income Beneficiary
The term "income beneficiary" means any beneficiary who is then entitled
to receive distributions of the net income of the trust, whether mandatory
or discretionary.
Unless otherwise provided in my will, the phrase "majority of the income
beneficiaries" means any combination of income beneficiaries who, if all
accrued net income were distributed on the day of a vote by the
beneficiaries, would receive more than 50% of the accrued net income.
For purposes of this calculation, beneficiaries who are eligible to receive
discretionary distributions of net income shall be deemed to receive the
income in equal shares.
References to a "majority" refer to a majority of the entire trust
collectively until my Trustee allocates property to separate trusts or trust
shares. After the allocation of property to separate trusts or trust shares,
Page 27
references to a "majority" refer to a majority of each separate trust or trust
share.
(g) Independent Trustee
The term "Independent Trustee" means a Trustee who is not an Interested
Trustee as defined in subsection (h). Only an Independent Trustee may
exercise those powers granted exclusively to an Independent Trustee and
when the phrase "other than an Interested Trustee" is used. Whenever my
will specifically prohibits an Interested Trustee from exercising discretion
or performing an act, then only an Independent Trustee may exercise that
discretion or perform that act. An Independent trustee shall not be liable
to any person for any good faith exercise or nonexercise of its discretion
under my will.
(h~ Interested Trustee
The term "Interested Trustee" means (1) a Trustee who is a transferor of
property to the trust (including a person whose qualified disclaimer
resulted in property passing to the trust); (2) a Trustee who is a beneficiary
of the trust; or (3) a Trustee whom a beneficiary of the trust can remove
anti replace by appointing a Trustee that is related or subordinate to the
beneficiary within the meaning of Section 672(c) of the Internal Revenue
Code.
Fo:r purposes of this subsection "a beneficiary of the trust" means a person
who is or in the future may be eligible to receive income or principal from
the trust pursuant to the terms of the trust. A person shall be considered a
beneficiary of a trust even if he or she has only a remote contingent
remainder interest in the trust; however, a person shall not be considered a
beneficiary of a trust if the person's only interest is as a potential
appointee under a testamentary power of appointment.
(i) Internal Revenue Code
References to the "Internal Revenue Code" or to its provisions are to the
Internal Revenue Code of 1986, as amended from time to time, and the
corresponding Treasury Regulations, if any. References to the "Treasury
Regulations," are to the Treasury Regulations under the Internal Revenue
Code in effect from time to time. If a particular provision of the Internal
Revenue Code is renumbered, or the Internal Revenue Code is superseded
by a subsequent federal tax law, any reference shall be deemed to be made
to the renumbered provision or to the corresponding provision of the
subsequent law, unless to do so would clearly be contrary to my intent as
expressed in my will. The same rule shall apply to references to the
Treasury Regulations.
Page 28
(j) Legal Representative
As used in my will, the term "legal representative" means a person's
guardian, conservator, personal representative, executor, administrator,
Tnzstee, or any other person or entity personally representing a person or
the person's estate.
(k) Per Stirpes
Whenever a distribution is to be made to a person's descendants per
sti~pes, 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.
(I) Shall and May
Unless otherwise specifically provided in my will or by the context in
which used, I use the word "shall" in my will to command, direct or
require, and the word "may" to allow or permit, but not require. In the
context of my Trustee, when I use the word "may" I intend that my
Trustee may act in its sole and absolute discretion unless otherwise stated
in my will.
(m) Trust
The term "trust," shall refer to any trusts created under the terms of my
will.
(n) Trustee
The term "my Trustee" refers to any person or entity that is from time to
time acting as the Trustee and shall include each Trustee individually,
multiple Trustees, and their successors.
(o) Trust Property
The phrase "trust property" shall be construed to mean all property held by
my Trustee under my will, including all property that my Trustee may
acquire from any source.
(p) Other Definitions
Except as otherwise provided in my will, terms shall be as defined in
Pennsylvania Probate, Estates and Fiduciaries Code as amended after the
date of my will and after my death.
Page 29
r
Section 11.02 Contest Provision
If, after receiving a copy of this Section, any person shall, in any manner, directly or
indirectly, attempt to contest or oppose the validity of my will, (including any codicil to
my will), 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 purposes of my will be deemed to have predeceased me.
This Section shall not apply so as to cause a forfeiture of any distribution otherwise
qualifying for the federal estate tax charitable deduction.
Section 11.03 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 11.04 General Provisions
The following general provisions and rules of construction shall apply to my will:
(a) Singular and Plural; Gender
Unless the context requires otherwise, words denoting the singular may be
construed as plural and words of the plural may be construed as denoting
the singular. Words of one gender may be construed as denoting another
gender as is appropriate within the context. The word "or" when used in a
list of more than two items may function as both a conjunction and a
disjunction as the context requires or permits.
(b) Headings of Articles, Sections, and Subsections
The headings of Articles, Sections, and subsections used within my will
are included solely for the convenience and reference of the reader. They
shall have no significance in the interpretation or construction of my will.
(c) Governing State Law
My will shall be governed, construed and administered according to the
laws of the Commonwealth 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.
(d) Notices
Unless otherwise stated, whenever my will calls for notice, the notice shall
be in writing and shall be personally delivered with proof of delivery, or
Page 30
mailed postage prepaid by certified mail, return receipt requested, to the
last known address of the party requiring notice. Notice shall be effective
on the date personally delivered or on the date of the return receipt. If a
party giving notice does not receive the return receipt but has proof that he
or she mailed the notice, notice shall be effective on the date it would
normally have been received via certified mail. If notice is required to be
given to a minor or incapacitated individual, notice shall be given to the
parent or legal representative of the minor or incapacitated individual.
(e~ Severability
The invalidity 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.
r
I, Elizabeth R. Rishar, having signed this Will in the presence of , Vic;,,, ~,,¢,~~ ,l..L,:~ ~, r.i`
and `_~.~~,~., E ,~~~10~ who attested it at my request on this day,
~Ce,rn~ ~ ~ `_~ , 20 ~ ~ at Harrisburg, Pennsylvania, declare this to be my Last
Will and Testament.
Eli beth R. Rishar, Testatrix
Page 31
The above and foregoing Will of Elizabeth R. Rishar was declared by Elizabeth R. Rishar
in our view and presence to be her Will and was signed and subscribed by the said
Elizabeth R. Rishar in our view and presence and at her request and in the view and
presence of Elizabeth R. Rishar and in the view and presence of each other, we, the
undersigned, witnessed and attested the due execution of the Will of Elizabeth R. Rishar
on this day, ~-z~ ~~ ~ u , 20 oY.
residing at
~~s~ ~',~ i~il~
~~ d~-~-~~--residing at
~s~.`z ~~ -~.
c IP/q I`7 \~ ~
` J
Page 32
PENNSYLVANIA SELF PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF DAUPHIN )
I, Elizabeth R. Rishar, the testatrix whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will; and that I signed it willingly and as
my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by Elizabeth R. Rishar, the testatrix,
this day, Sle Ci, ~v-1~x ~` ~ 20 0-~
Eliza eth R. Rishar, Testatrix
~~ ~~~~
~-
Not Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amy M. Moya, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires Jan. 29, 2008
Member, Pennsylvania Association of Notaries
Page 33
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF DAUPHIN
We, l~~cu.r2J~~ t~t~'~ ;,(, t,~and '~~.%~~~.~, ~, ~L~~-the witnesses whose names are
signed to the attached or foregoing instrument, being duly qualified according to law, do
depose and say that we were present and saw the testatrix sign and execute the instrument
as her Last Will; that the testatrix signed willingly and executed it as his free and
voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing anal sight of the testatrix signed the will as a witness; and that to the best of our
knowledge the testatrix was at that time 18 or more years of age, of sound mind, and
under no constraint or undue influence.
Witness
~~
~`
Not y Public `"
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal ~
Amy M. Moya, Notary Public
Lower Paxton Twp.. Dauphin County
My Commission Expires Jan. 29, 2008
Member, PennsY~~'a~~~ p<•,r„^i~fton e[ ^io'ane
Page 34