HomeMy WebLinkAbout05-06-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of
Milton R. Weber
also known as
//llamk
File Number ~/ ViJ ~ ~U•
Deceased Social Security Number
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix
last Will of the Decedent datedOct . 4, 2006 and codicil(s) dated None
named in t!
(State relevant ctrcumstances, e.g., renunciation, death of executor, etc.) =_=t ~ J %'~ '- ~ ~~~
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution-®~~ie tt~strunl~it(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~.~~ I ~~r `^ ~-r
„) __.
0 B. Grant of Letters of Administration
(If applicable, enter. c. t. a.; d.b.n.c.t.a.; pendente liter durance absentia; durance minoritate)
Petitioner(s) after a proper search has /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.)
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Ct~mhPrl and County, Pennsylvania with his /her last principal residence at 4 North
Washington Street, Borou>7h of Mechanicsburg 17055
(List street address, town/ciry, township, county, state, zip code)
Decedent, then 88 years of age, died on Apri1.24, 2008 at Harxisburg Hospital, City of
HarriGhnrgi DatLghin CountX, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
situated as follows: All real estate owned by the entireties with surviving wife.
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Phyllis I. Weber
name and residence
Form RW-02 rev. 10.13.06 Page ] Of 2
Oath of Personal Representative ~ ~~~ ~ Y : ~ ~ ~~ ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss ?On@ MAY -6 PN I ~ 3 l
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are J~~,1; rkk e best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petit~~~•,(s~~~il~^•t~!,g~l ta~~ tr~~
~_, ~ ...
administer the estate according to law.
Sworn to or affirmed and subscribed
before me the ~ day of
May _ 2008
../
~ For the Regis er
SignatureofP onalRepresentative phyllis I. Weber
Signature of Personal Representative
Signature of Personal Representative
File Number: O'er ~ ~ ~ ~ ~
Estate of MILTON R. WEBER ,Deceased
Social Security Number:
Date of Death: April 24, 2008
AND NOW, Malt CD ~~ 2008 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentax'y
are hereby granted to Phyllis I . Weber
in the above estate
and that the instrument(s) dated October 4, 2006
described in the Petition be admitted to probate and filed of record a~jtt~e last Will (and Codycil(s)) of Dece /'
FEES ~~ ~
Letters ............... $
Short Certificate(s) ........ $ ~ ~
Renunciation(s) .......... $
~~ ... $ S ~
... $
Wills
G'L
C.
Attorney Signature:
Attorney Name:
C. Snelbaker
Supreme Court I.D. No.: 406355
Address: 44 West Main Street
... $
Mec~a~icsbt~x'-8~, pA 9 7(155
... $
... $
• • • $ Telephone: 5717) 697-8528
... $
TOTAL .............. $ / T /, ~y-&96-
Form RW-02 rev. 10.13.06 Page 2, Of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
fee Cor ihi~ certificate, 56.00
P 1~-3~~~~~u
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.
_ocal Registrar Date Issued
stns-u3 HEV n zoos COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE % PRINT IN
PO ACK NKT CERTIFICATE OF DEATH
(See instructions and examples on reverser
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I Name of Decedent (Fn51, mitldle. last, sugar 2. Sex 3. Soctial Securrry Number V ,^' ` ' ""' V 1w 4. D d DaaN IMonln
day
Milton R. Weber ,
,
le 188 - 12 - 4335 ~
5. Aga (Lass &nhday) Under 1 year Under 1 day 6. Dale of Binn (Month, day, year) 7. BiMplece (City aM slate or brmgn cwnlry) ge. PkCe of DeaM (Check oMy one)
Montr,s DaYS 1laurs Minces Hospltdl' OIMr,
88 Yrs. Jan. 15, 1920 Mechanicsburg, PA CJ4n~pallenl ^ERlOulpaliarn ^DOA ^Nursing Noma ^Rasbence ^otn
S
eb. coanry of oeam Bc. CAy Boro, Twp of Death er
peary.
ed FacllAy Name (11 not Instnlnion, give sheet and rwmMN 9 Was Dewdem W Hispanw Orgm? ~ No ^ Yes l0. Hac¢'. American Indan, Black, WNk, ek
Dauphin Harrisburg pl yea, seedy cpban, (~.;M
Harrisburg Hospital Mexkan
PuenoRka
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c) White
I I. Decedents Usual Occu twn Kind of work done Burin moll of workin hle. Do ml skk r etired 12. Was Decetlem ever in the 13. Oecedenrs Educagon (Speciy only highest grade canpkledl 14. Marital Status: Married, Never Marred, 15. Surviving Spouse (If wile
gna maiden name)
Kmd ul Wark Kirb of Business I Indust
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U.S. Armetl Forces? Widowed Divorced (gp yFy)
Elementary / Secorbary (0-12) Cogege (1-4 a 6a)
wner
rotor Hardware ~vea ^Nd 12 Married Phyllis I. Wilson
t6 Decedent's Mating Atldrass (Sbeet, cry I town, stale, zip code) Decedent's Did DecedaM
4 N. Washington Street AawlRealtlence nastale Prnn~lvania Tow~~a n~^v„s,D¢~¢dernLw¢dm rwp
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5 17b. County C4imtw_rlan_d °~ t7d. ~I No, Deawenl need wdnm MeehaniCSbur
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lB. Earner's Name (First. mdae lass. saga) a
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cgy 1 Boo
19. Mother's Name (FIISI, rndJe, maden surwme)
H Weber Jessie B. Garman
20a Informants Name (Type / PnnQ ZBb. Inlomearel's MaAirg Adaess 19rwt city /town, stale, zp code)
Ph leis I. Weber 4 N. Washin ton Street Mechanicsbur PA 17055
21a Method of Dlsposnron ^ Cremation ^ Donation
[~ Baia. ^ Remov
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" 27b. Dale of Disposition (MOnlh, day, year) 2tc. Place of Disposition (Narw of cemetery, crematory or clear pkcel 21d. location (City /town, state, zip code)
a
om
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e
Waa Cremation or Donation Abnori
^ OIMr~Spenry. h'MedicalEaamlwr/Corowr7 md
^yes^NU April 29, 2008 Mechanics Gamete
big rY Mechanicsburg, PA
22a Slgnalure of Funeral Service Lkensee (or person acting as such) 22b. Ucance Number 22c. Name and AdNess of FacAity 8 Mark
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ay
FD-011667 Mal zzi Eiarteral Home M h
Lompl a uems 23a c on y w cerurying 23a To the best el my knowkdga, oeam a;cunad at IM time, tlak and place stated. (Sgnature aM bile
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23b
Lcense Number
23c
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pnyswlan w nor avallabk a Imo ul Beam k . .
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on
e, day, year)
cemly cause of Beam.
Ilene 21 26 muss w canplekd by person
wlw pwrwurx:es worm 24. lime of Death ~ 25. Prawunced Dead ( a year) 26. Was Case Retened k Mrbkal Exanuner / Corowr for a Reason Odwr than Cmmation or Oawgpn7
.
r ~ Ny DO ^ Yes G]yw~
CAUSE OF DEATH (See Inatruc9lon rW eaamplec) I Appruxlmale ktenal:
item 27. Pan L Enter me Gd1IIl6 {d events - diseases
Injuries
ur wmlNicauuns - Thal directl
caused Ne death
00 NOT
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h Pan IL Enter Omer nr_wlgcam conGlwn=_ contr16yq;~lQdga~, 28 Ole Tobacco Use CCnaowa k DeaN7
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events suc
as cardiac arrest. Onset m Deam
respiratory arrest, a venlrkula IiWitlahon without Snowing Ina ellaoyy. Ust only one cause on each hw. WI nor msuning in tlee undeAying Cause given n Pan I. ^ Yes ^ Prabady
IMMEDIATE CAUSE IFrwl bxase or ^ Na ^ Unkrown
condition resulting lee deaM) i ~ ~ 2
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~ 29 11 Female
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Dw to (or as a wnsegwnce oQ. ^ Nd pregnant wnhei past year
Seq hotlIyy Ilse condleons. A any, b ^ Pre
nant at prw ul d
th
katinq eo dre wu50 ksted on One a g
ea
Eme RI UNDERLYING CAUSE Due b (or as a consequence oil: ^ Not pegnanl, but preynanl wlllan 12 days
(Grease or Injury Inal initialed No I W Beam
even¢ resuneng In Beam) IAST.
Dw k for as a consequence oh'.
^ Nor geynanl. but prnywM 13 Gsy> w t year
d.
I before death
^ Unkwwn d pregnant wnhm IM earl year
30a Was an Auropsy
Penumied? 3gb Were Autopsy Findings
AvaAade Prior to ConWlelwn 31 Manner pl Death 32a. Dale of Iryury (Month, day, year) 32b. Describe Mow Iryury Occurretl 32c. Place d Iryruy. Hume Farm Street, Factory,
W Cause of Death?
Natural ^ Ifomia
tle Ogke Bwldng. Bk. (Spiry)
^ Yea ~ ^ Yes ~I~ ^ Aaldenl ^ Pe nding Investigalxm 32tl. Time of Inury 32a. Injury al WoG? 321 It TranslwMlion Injury ISpeayy 32g. La:alipn of Injury (Street, dry %kwn. slate)
^ Swnde ^ Could Nol be Deteinuneg ^ yes ^ yk ^ Driver I Operator ^ Passenger ^Pewstnan
M. ]Diner ~ sverrrr
33a Cemleer (cMCk only anal 33b BNyiature aretl Tnle u
~anilier C
• CeNlyrnq phyaklan (Pnysicran cemlyNey cause of death wrlen chattier physician le
T as pronoulweU death urW aaryslelud Item 23) `
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o IM best of my knowledge, debn occurred dw to Ina rauselal and manwr
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l as crated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
/ ,y /7- ..,
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nq physlchn jPnysaan Wlh pronoua:mg death antl cen
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f iying to cause ul dealhl 33t License Number 73d W (Munro
day. year)
o
ast o
my 4nowkdge, Beam occurred al IM lime, sate, and place, and
• Medical Eaamrwr /Coroner tlw to tM cause(s) orb manner as slalad_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ - .
DO
On the basis of eaaminalkn and / or iwestlgalian, in my opinion, Beam occur red at the lime, Bak, and place, and dw to Ina Cauxe(a) and manwr as staled
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. 34 NyrrFa and A ,~ ^I Persyt WRIO d Copse ql Oeyih'ly
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gna 3G Date FAetl (MOnm, day, year) /L/F~~ ~
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LAST WILL AND TESTAMENT
I, MILTON R. WEBER, of the Borough of Mechanicsburg, County of Cumberland, and
a
Commonwealth of Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this as and for my Last Will and Testament, hereby
revoking and making void all former wills and codicils by me at anytime heretofore made.
FIRST. I order and direct that all my just debts and funeral expenses be paid by my
Executrix or Executors, as the case may be, hereinafter named, as soon as conveniently may be
done after my decease.
SECOND. I give and bequeath all of my tangible personal effects, clothing, household
goods and automobiles unto my wife, PHYLLIS I. WEBER, absolutely, if she survives me by as
many as thirty (30) days.
If my said wife should not so survive me, then and in such event, I give and
bequeath such tangible personal property in equal shares unto my sons, namely, GARY B.
WEBER and STEVEN T. WEBER, share and share alike.
MARITAL TRUST
THIRD. If my wife, PHYLLIS I. WEBER, survives me, I give to my Trustees hereinafter
Wiz. M
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LA~.~FFICES
C~
SNELBAKER SC d
N
BRENNEMAN, P.C.
named, without deduction for estate or inheritance taxes, the minimum amount of assets which
must be added to the value of all other property in my gross taxable estate for which the marital
deduction under Federal Estate Tax law is allowed in order to give my estate a marital deduction
which will reduce the Federal Estate Tax on my estate to the lowest possible amount. Such
minimum amount shall be determined after first taking into account all other deductions and
credits (including, but not limited to the unified credit under Federal Estate Tax Law) except:
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~'~ ~:_-~ (i) The state death tax credit to the extent that the use thereof would require
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~ _._..-an increase in the amount of state death taxes paid; and
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~'-'~ (ii) The credit for tax on prior transfers to the extent that credit arises from
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transfers to me from individuals who die after me.
I recognize that, depending upon the amount of other bequests, the amount of my non-
testamentary dispositions, the amount of state death taxes, and other factors, the Marital Trust
may be non-existent, or may amount to the entire balance of my testamentary estate so that my
residuary trust is non-existent. No property not qualified for the marital deduction shall be
allocated to this Marital Trust.
During the lifetime of my wife, Trustees shall hold, manage and distribute this
Marital Trust as follows: Trustees shall pay and distribute to her the entire net income from the
principal of the Marital Trust, which payments shall be made to her periodically but not less
frequently than quarter-annually. Trustees shall pay and distribute such part or parts or the
whole of the principal of the marital trust as my wife from time to time may request in writing.
In addition, Trustees shall from time to time pay to my wife, or shall apply
directly for her benefit, as much of the principal of this Marital Trust as the Trustees, in their
absolute discretion, may consider desirable for her health, maintenance and support, after
considering all resources available to her.
FOURTH. If my wife and I should die under circumstances which render the order of our
deaths uncertain, for the purposes of this Marital Trust, it shall be conclusively presumed that my
wife survived me.
FIFTH. My Executors, hereinafter named, shall, in their absolute discretion, determine
whether to elect under § 2056 (b) (7) of the Internal Revenue Code of 1986 or corresponding
provision in effect at my death, to qualify any portion of the foregoing Marital Trust for the
Federal Estate Tax marital deduction. Generally, I anticipate that my Executors will elect to
minimize the Federal Estate Tax payable by my estate. However, I would expect that some
consideration be given to the Federal Estate Tax payable in my wife's estate upon her death,
especially if she should die prior to the time the election is made. The determination of my
Executors with respect to the exercise of the election shall be conclusive upon all affected
persons.
SIXTH. My Executors shall select and distribute to my Trustees the cash, securities and
LAW OFFICES
SNELBAKER SC
BRENNEMAN, P.C
other property, including real estate, which shall constitute the Marital Trust, employing for the
purposes of valuation the lesser of the adjusted basis of the asset for Federal Estate Tax purposes
or the fair market value of the asset at the time of distribution.
SEVENTH. Upon the death of my wife, Trustees shall deduct and pay to her personal
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representative, from that portion of the principal of the Marital Trust, if any, any amount equal to
any additional administration expenses and estate and inheritance taxes assessed against her
estate by reason of the inclusion therein for tax purposes of the then remaining principal of the
Marital Trust. Such amount shall be determined by Trustees, whose determination shall be
conclusive. Any then remaining balance of principal shall be added to and thereafter shall form
apart of the principal of the Residuary Trust, to be held and distributed as though originally a
part of it. If the Residuary Trust shall not have been created for any reason or shall have been
exhausted, the remaining principal shall be held in trust upon the same terms and conditions
hereinafter specified for the Residuary Trust.
EIGHTH. If my wife, her guardian or the personal representative of her estate should
disclaim her interest in any portion or all of the Marital Trust, the portion of the Marital Trust in
which she disclaims her interest shall be added to the Residuary Trust to be held and distributed
as though originally a part of it. If the Residuary Trust shall not have been created for any reason
or shall have been exhausted, such portion of the Marital Trust shall be held and distributed on
the same terms and conditions hereinafter provided for the Residuary Trust. All of the
provisions of the Residuary Trust in favor of my wife shall apply to the disclaimed property
despite the disclaimer except to the extent she explicitly disclaims the benefit of such provisions
of the Residuary Trust as they may apply to the disclaimed property as well.
RESIDUARY TRUST
NINTH. I give, devise and bequeath the balance of my residuary estate, including any
part of my estate not distributed under the foregoing provisions, to my Trustees, to hold, manage
and distribute as follows: During the lifetime of my wife, PHYLLIS I. WEBER, Trustees shall
pay and distribute to her or for her benefit the entire net income, which payments shall be made
to her periodically but not less frequently than quarter-annually. In addition, should the principal
of the Marital Trust be completely withdrawn or exhausted, Trustees shall from time to time pay
LAW OFFICES to my wife, or shall apply directly for her benefit, as much of the principal of this Residuary
SNELBAKER EC
BRENNEMAN. P.c. Trust as Trustees may consider desirable for her health, maintenance and support, after
considering all resources available to her.
TENTH. Upon the death of my wife, or at my death if she has predeceased me, Trustees
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shall hold and distribute the remaining principal of the Residuary Trust as follows:
A. The principal shall be distributed in equal shares to my sons, GARY B.
WEBER and STEVEN T. WEBER, share and share alike.
B. If either of my said sons should predecease me, I order and direct that the
share of such deceased son shall be distributed unto his issue per stirpes by representation
and not per capita, but subject to the protective provisions in Paragraph C hereinbelow
with respect to the distributive share to any beneficiary who has not attained the age of
twenty-three (23) years.
C. If any beneficiary hereinabove has not attained the age of twenty-three
(23) years at the time of distribution, I order and direct that the distributive share of such
person shall be paid over and distributed unto the surviving parent, as my testamentary
Trustee, IN TRUST, NEVERTHELESS, to hold, manage, invest, accumulate income and
reinvest until said beneficiary attains the age of twenty-three (23) years, at which time
said trust shall be terminated and the net proceeds thereof be paid over to the beneficiary
absolutely. I designate any trust hereunder to be a spend-thrift trust. T'he beneficiary
shall have no right to invade, pledge, assign or otherwise dispose of the assets of said
trust (including income) nor shall any creditor of a beneficiary have any right to seize,
levy or execute upon said assets by reason of any pledge, assignment or other transfer,
voluntarily or involuntarily, made by said beneficiary. I further authorize and empower
my said Trustee to use, consume, expend and apply from time to time such amounts of
principal and income of and from said trust which in the exercise of his/her sole
discretion shall be determined to be reasonable and necessary for the beneficiary's
education. The term "education" shall be construed and interpreted to mean college or
other post-highschool training which is intended to improve the beneficiary's
LAW OFFICES
SNELBAKER EC
BRENNEMAN, P.C
productivity as an adult or enhance the qualify of his or her life. In considering what is
reasonable and necessary, my said Trustee shall take into consideration the primary
responsibility of the beneficiary's surviving parent to provide such education. It is my
will and intention that the foregoing discretionary provision for education shall be
supplementary to the parent's primary responsibility.
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GENERAL PROVISIONS
ELEVENTH. My Executors and Trustees and their successors shall have the following
i
powers, in addition to those given by law, to be exercised by them in their absolute discretion,
which powers shall be applicable to all property held by them, effective without the order of any
court and until the actual distribution of all such property:
A. To retain any investments at discretion including stock of any corporate
fiduciary or of a holding company controlling it;
B. To invest and reinvest at discretion without restrictions to so-called "legal
investments," with the specific right to invest in common and preferred stocks, and in
such common trust, diversified, money market and mutual funds as they deem
appropriate.
C. To sell, to grant options for the sale of, or otherwise convert any real or
personal property or interest therein, at public or private sale, for such prices, at such
time, in such manner and upon such terms as they may think proper, and to execute and
deliver good and sufficient conveyances, assignments and transfers thereof without
liability of any purchaser to see the application of the purchase money;
D. To borrow money and to secure its repayment by mortgage of real or
personal property, pledge of investments or otherwise, without liability on the part of the
lenders to see to the application thereof;
E. To compromise claims by or against my estate or any trust created
hereunder;
F. To make distributions in cash or kind, or partly in each;
G. To register investments in the name of a nominee or to hold the same
unregistered in such form that they will pass by delivery;
H. To join in any recapitalization, merger, reorganization or voting trust plan
LAW OFFICES
SNELBAKER EC
BRENNEMAN, P.C
affecting investments; to deposit securities under agreement; to subscribe for stock and
bond privileges; and generally to exercise all rights of security holders;
I. To manage, operate, repair, alter or improve real estate oar other property,
and to lease real estate and other property upon such terms and for such period as my
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Executors and Trustees deem advisable even for more than five years and beyond the
duration of any trust;
J. To deduct administration expenses upon either the Federal Estate Tax
return or fiduciary income tax return, with or without adjustment between principal and
income, as my Executors shall determine;
K. To join with my wife and file any income tax or gift tax returns that may
be due on my behalf and pay so much of such taxes as my Executors may deem
appropriate and to consent to any gifts made by my wife being treated as having been
made one-half by me;
L. To associate with them, an accountant, custodian and investment advisor,
and other agents and to compensate them out of principal or income or both as my
Executors or Trustees shall determine, such compensation not to be a reduction to the
compensation of my Executors or Trustees;
M. To do all other acts and things necessary or appropriate in the
management, administration and distribution of my estate.
TWELFTH. My Executors and Trustees shall have the broadest authority in dealing
with any business interest of mine that may be received by them as a part of my estate, including
the following powers:
A. To disregard the principle of investment diversification and to retain any
part or all of such interest as long as they shall consider it advisable to do so;
B. To distribute any part or all of any such business interest in kind;
C. To sell any part or all of any such business interest at such time or times,
to such persons for such prices and upon such terms as they may consider advisable;
D. To do anything that they may consider advisable with respect to the
operation, incorporation or liquidation of any business interest and to make any changes
LAW OFFICES
SNELBAKER SC
BRENNEMAN, P.C.
in the purpose, nature or structure thereof;
E. To delegate authority to any manager or employee, and to pay from the
income from any business adequate compensation to any such person even though he
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may also be an Executor or Trustee or in their employment and to pay for liability
insurance for that person out of estate or trust principal;
F. To make additional investments in any business of mine in which they
have an interest hereunder;
G. To make and consent to such elections with respect to an S Corporation as
provided in the Internal Revenue Code of 1986 as amended, or any successor, as my
Executors and Trustees in their absolute discretion may deem appropriate;
H. To enter into any shareholder agreement with respect to any S.
Corporation as my Executors and Trustees in their absolute discretion may deem
appropriate, including any agreements for the holding of stock certificates by an escrow
agent, the level of dividends, distributions, any restriction on transfer of any stock, or any
other agreement as my Executors and Trustees in their discretion may deem appropriate;
I. To borrow money from the estate or trust for operating businesses owned
by the estate or trust at the prevailing rate of interest.
J. To pledge assets of the estate or trust for the debts of the business;
K. To enter into a partnership agreement for the operation of the business,
including a general partnership agreement, or to incorporate the business, or to
reorganize, recapitalize, consolidate or merge any entity on such terms as my Executors
or Trustees in their absolute discretion shall determine;
L. To participate in any voting trust effecting the securities of any business;
M. To waive the filing by surviving partners of any partnership inventory,
appraisal, account, bond or security; and
N. In general to deal with any business interest or closely held stock with the
same freedom of action that I would have if I were still living.
THIRTEENTH. My Executors and trustees shall pay all Estate, inheritance and other
LAW OFFICES
SNELBAKER Sc
BRENNEMAN. P.C.
death taxes, together with interest and penalties, which shall be payable with respect to property
or interests subject to taxation by reason of my death and whether passing under my will, or
otherwise, including jointly held and other non-testamentary property. My Executors and
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Trustees shall pay the same out of the principal of the Residuary Trust, and under no
circumstances shall any such tax be paid out of or charged against the principal of the Marital
Trust. Trustees may advance to my Executors from the principal of the Residuary Trust such
amount as may be required by my Executors for the payment of such taxes.
FOURTEENTH. No property received by my Executors and Trustees which is exempt
from Federal Estate Tax that may be assessed against my estate shall be available for the
payment of debts, inheritance and Estate taxes or penalties and interest thereon or administration
expenses in the settlement of my estate.
FIFTEENTH. Trustees are further authorized in their discretion, to make such loans,
advances or expenditures out of the principal of the Residuary Trust as Trustees may consider
desirable in order to facilitate the settlement of my estate. In exercising such authority, Trustees
may pay in whole or in part the expenses of my last illness and burial, debts, income taxes,
owing by me or by reason of my death, which payments may be made directly by Trustees or to
my Executors, and neither my Executors nor any beneficiary shall be required to reimburse the
Trustees for any funds so loaned advances or expended.
Likewise upon the death of my wife, Trustees may make similar loans, advances
or expenditures as Trustees, in their discretion, may consider desirable in order to facilitate the
settlement of her estate, which shall be made out of the principal of the Marital Trust to the
extent that the same is sufficient for such purposes; otherwise such loans, advances or
expenditures may be made from the principal of the Residuary Trust.
LASTLY. I nominate, constitute and appoint my wife, namely, PHYLLIS I. WEBER, to
LAW OFFICES
SNELBAKER SC
BRENNEMAN, P.C.
be the Executrix of this, my Last Will and Testament, but if for any reason my said wife should
fail to qualify as such personal representative or cease so to serve, then and in that event, I
nominate, constitute and appoint my sons, namely, GARY B. WEBER and STEVEN T.
WEBER, to be the Executors hereof, each and all to serve without bond or other security as a
condition of qualification hereunder.
Except as specifically provided otherwise in Paragraph C of Item Tenth
hereinabove, I nominate, constitute and appoint my sons, namely, GARY B. WEBER and
STEVEN T. WEBER (or the survivor of them in the event that either should fail to qualify or
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so to serve) to be the Trustees of all the Trusts (except the protective trust in Paragraph C
Item Tenth hereinabove), each and both to serve without bond or other security as a condition
f qualification hereunder.
IN WITNESS WHEREOF, I, MILTON R. WEBER, have hereunto set my hand and seal
to this my Last Will and Testament, which consists of nine (9) typewritten pages to each of
'Wv
I!which I have affixed my signature this `'~ day of October, A.D., Two Thousand Six
(2006).
~~~~`~~' /c~G~~, (SEAL)
MILTON R. WEBER
The preceding instrument, consisting of this and eight (8) other typewritten pages, each
identified by the signature of the Testator, was on the date thereof signed, sealed, published and
declared by MILTON R. WEBER, the Testator therein named, as and for his Last Will and
Testament, in the presence of us, who, at his request, in his presence and in the presence of each
other, have subscribed our names as witnesses hereto.
LAW OFFICES
SNELBAKER 8C
BRENNEMAN, P.C.
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COMMONWEALTH OF PENNSYLVANIA)
LINTY OF CUMBERLAND
SS.
We, MILTON R. WEBER, RICHARD C. SNELBAKER and JANE J. GOONEY, the
Testator and the witnesses, respectively, whose names are signed to the attached or 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 Testament 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 a witness and that to the best of his or her knowledge, the Testator was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
~~,~ ~~
MI TON R. WEBER
G~-- _
Witness
rtness
Subscribed, sworn to and acknowledged before me by MILTON R. WEBER, the
TESTATOR, and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANE
J. GOONEY, the witnesses, this ~°~~ day of October, 2006.
~K~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarlal Seal
Sandra K Showers, Notary Public
Mechanicsburg Boro, Cumberland County
My Commission Expires Nov. 22, 2007
yaw oFFicES Member, Pennsylvania Association Of Notaries
SNELBAKER &
BRENNEMAN, P.C.