HomeMy WebLinkAbout05-29-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of JOHN C. EMRTCU ~~ ~ r~9- ts~~
File Number
also known as JOHN CHAR c cMRi H
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR B' BELOW.)
Deceased Social SecuriTy Number 405560541
Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are [he M.A TTH ~! MRit'u
last Will of the Decedent dated 11 / 7/ 2 ~ 00 named in the
and codicil(s) dated
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did no[ marry, was no[ divorced, and did not have a child bom 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. Crant of Letters of Administration n ~'
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0
(Ijapplicable, enter. at.a.; d. b.n.c.t.a.; pendente lice; durance absentia; inoritaJ li ~_:~!
Petitioner(s) after a proper search has /have ascertained that Decedent left no Wilt and was survived by [he following,any~~a td hei4~j([j'
Administration,c.t.a.ord.b.n.c.t.a., enter date ojWi!l in SectionAabove and complete list ojheirs.) - ~7 -~i
01
(COMPLETElNALL CASES:) Attach additional sheets ijnecessary.
Decedent was domiciled at death in ~MBERL AND County, Pennsylvania, with his /her last principal residence at 96
LONGWOOD DR7V MFCN1NTf C{tIIRf pp i7p sn ci VCR CPRiNf TO NC41TP
(Lrst street address town/ctty township county state, np code)
Decedent, [hen b6 years of age, died on5/20/2009 at HOLY SPIRTT HOCprTA
FAST PENNC_BORO TO ~!h!cHIP MB a! eun rat ~+~
PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ ~•4 c 0~0 00
(If no[ domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ _ 200 ~Oll DO
96 LONGWOOD DRIVE, MECHANICSBURG, PA 17050
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Wilt and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Signazure Typed or printed name and residence
'- MATTHEW J: EMRICH
Form RW-02 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~i~MBERLAND
the Register Signature of Persona! Representative
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are
the Imowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petition
administer the estate according to law.
Swom to or affirmed ands scribed '~`~~
~. Signature oJPersonoi Representative
before me the da4 of
Signature ojPersonal Represenmtive
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ct~ the t}est,cit(
a~truly~. ~' '~
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File Number: _ !]~~^ Q /' ~Q~
Estate of JOHN C. EMRrru
- ,Deceased
SS
Social` Se~cu~Jrity Number: 4 O S 56 0 _s y i. Date of Death: 5 / 2 0 / 2009
AND NOW, ~C//fd OZ~ , 20n9 , in consideration of the foregoing Petition, satisfactory proof
having been presented ore me, IT IS DECREED that Letters TESTAMENTARY
are herebygran[edto HATTH ~~ i. MRIfH
in the above estate
andthattheinstnunent(s)dated NOVEMBER 7, 2l]L70
described in the Petition be admitted to probate and filed of record stye last Will (and Cgdicil(s)) of Dece~ent. i
............... FEES.... $
Letters (~~• ~
Short Certificate(s) ............ $ ~_
Renunciation(s) ............... $
~ $
.... $ ~d •
.... $
Attorney Signature:
Attorney Name: Sl1SAN H. ~ONFAra
Supreme Court I.D. No.: 70241
~~~• $ Address:
.... $
.... $
.... $
Telephone:
~~
TOTAL .............................
Form RW-01 rev. 10./3.06
Page 2 of 2
HI05.605 RCV (OIN9)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH ~ 9-zSd~
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15189658
Certification Number
TPEM # i~
_ SHOULD READ AS FOLLOWS:
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John
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Manager
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This is to certify [hat 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 t0 the State Vital
Records Offiee for permanent filing.
Md 21 9
c ~fi a strnr ~ Date issued
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS
CER7IFICA7E OP DEATH
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LAST WILL AND TESTAMENT s
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OF v~~ ~
70 ~~
JOHN C. ENRICH ~~ Z
I, JOHN C. ENRICH, ofMechanicsburg, Cumberland County, Pennsylvania, wYfi~h
I declare to be my domicile, do hereby make, publish, and declare this to be my LAST WILL AND
TESTAMENT, hereby revoking all wills and codicils at any time heretofore made by me.
FIRST: IDF,NTiFi('ATiON OF FAMH ~. I am married to LINDA R.
ENRICH (my "spouse" or "wife"), and we have three (3) children: MATTHEW J. ENRICH,
KARA E. ENRICH and KRISTEN L. ENRICH (each my "child" and collectively my
"children"). As used in this Will, the terms "my spouse" or "my wife" shall mean only LINDA R.
ENRICH. As used in this Will, the term "my child" or "my children" refers to my natural children
and any adopted children. As used in this Will, the term "issue" refers to all lineal descendants of the
indicated person of all generations, with the relationship of parent and child at each generation
determined by the definition of "child" and "children" set forth in this paragraph. Applicable to this
Will aze such other definitions as set forth in Article EIGHTH.
SECOND: PAYIHENT OF DFRT4 AND TAXF4. Except as otherwise provided
in this Will, I direct that all my legally enforceable debts, funeral expenses, expenses of the
administration ofmy estate, and federal estate and state death taxes, including interest and penalties
thereon, becoming payable because of my death (except any generation-skipping transfer tax
imposed by Section 2601 of the Code or any recapture tax imposed by Section 2032A of the Code)
be paid out of my Residue. Notwithstanding the foregoing, if any tax, including interest and
penalties thereon is imposed on property includible in my gross estate by reason of Section 2044 of
the Code or a similar provision of state law, I direct my executor to recover the tax attributable to
that property from the person or entity in possession of or receiving the property as provided in
Section 2207A of the Code or a similar state law.
THIRD: DiSPOCITION~
A. C n ral. Except as otherwise expressly provided in this Section, I intend
to dispose of all ofmy separate property.
B. Personal and Ho rcehnld Fffertc. I give to my spouse all ofmy Personal and
Household Effects, or if she shall fail to survive me, then to those ofmy children who shall survive
me, in substantially equal shazes, to be divided among them as my executors shall determine, which
determination shall be conclusive and binding upon all persons interested in my estate.
Notwithstanding the foregoing sentence, my executor in its sole and absolute discretion may include
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my Personal and Household Effects directly in my Residue or sell any property and include the
proceeds in my Residue. I direct that any expenses incurred in obtaining possession, appraising,
safeguarding, delivering, or selling such property be paid from my estate as an administration
expense. If neither my spouse nor any of my children survives me, my Personal and Household
Effects shall be added to my Residue. Any division or distribution made by my executor shall be
binding upon all persons, including my children.
C. R sid , .All the rest, residue and remainder of my property, of every kind and
nature and wheresoever situated, whether real or personal (my "Residue"), I give to the trustee
named in a Living Trust Agreement created on }.1W . '1 , 2000, between myself and my
spouse as grantors and myself and my spouse as co-trustees, to beheld, administered and distributed
according to the provisions contained therein. I confirm and ratify the Living Trust Agreement in
every respect, including and amendments that may be made thereto from time to time.
D. Fail .r of Tr ~c , If my Living Trust Agreement is revoked prior to my death
or if the distribution of any property pursuant to this Will to the Trustee of my said Living Trust
Agreement is invalid under the governing rules of law, any property otherwise devised or bequeathed
to the said Trustee shall be bequeathed to my spouse, if my spouse survives me, or if my spouse fails
to survive me, to my issue who survive me, per stirpes.
E. Method of Payment to ('ertain R n firiari c, If any beneficiary to whom my
executor is authorized by this instrument to make distributions is under a legal disability or is, in the
opinion of my executor, incapable of properly managing his or her affairs, my executor may make
such distribution in any one or more of the following ways:
1. To such beneficiary directly;
2. To the guardian, committee, conservator, or other similar official
of such beneficiary;
3. To a relative of such beneficiary to be expended by such relative
for the benefit of such beneficiary;
4. To a custodian selected by my executor under an applicable
Uniform Transfers to Minors Act;
5. By my executor expending the same directly for the benefit of such
beneficiary.
Any person (other than the beneficiary) who receives a distribution for the benefit of the
beneficiary pursuant to the preceding sentences is authorized to give a valid receipt and discharge
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November 1, 2000
for the distribution. The distribution to such beneficiary or other person to whom payment is made
or entrusted shall be a complete discharge to my executor, and my executor shall be without
obligation to see to the further application of such distribution.
FOURTH: POWERS OF ADMiNi TRATiON. I confer upon my executor all
powers granted to fiduciaries under the laws of the Commonwealth of Pennsylvania, whether my
estate is administered in Pennsylvania or elsewhere. In addition to the powers granted by law, I
authorize my executor or other legal representatives of my estate:
A. To accept additions to my estate from any source.
B. To acquire the remaining undivided interest in property of my estate in which
my executor, in fiduciary capacity, holds an undivided interest.
C. To invest and reinvest the assets of my estate in securities or in real or
personal property, whether within or outside of Pennsylvania or the United States, without the need
for diversification as to kind or amount and without being limited to investments authorized by law
for fiduciaries. More specifically, but not by way of limitation, I authorize and empower my
executor to:
1. Invest in discretionary common trust funds, mutual funds,
investment trusts, unsecured obligations, stocks, bonds, and real estate.
2. Retain as long as my executor deems proper any real or
personal property or any stocks, bonds, notes or other securities (including securities issued by a
corporate executor) which I own at my death or which are subsequently acquired.
D. To effect and keep in force fire, rent, title, liability, casualty or other insurance
to protect the property of the estate and to protect the executor.
E. With respect to any property, real or personal, or any estate therein owned by
my estate, except where such property or any estate therein is specifically disposed o£
1. To take possession of, collect the rents from and manage the
same.
2. To sell the same at public or private sale, and upon such terms
and conditions, including credit, as to my executor shall deem advisable.
3. To lease, mortgage, partition, or subdivide the same, even
where the terms of such lease or mortgage shall extend beyond the administration of my estate.
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November 1, 2000
4. To abandon property which does not have sufficient economic
value, in my executors' judgment, to make it worth protecting.
To repair or improve the same.
6. To grant options for the sale of same for a period not exceeding
six (6) months.
F. With respect to any mortgage held by my estate, to continue the same upon
and after maturity, with or without renewal extension, upon such terms as my executor deems
advisable, or to foreclose, as an incident to collection of any bond or note, any mortgage securing
such bond or note, and to purchase the mortgaged property or acquire the property by deed from the
mortgagor in lieu of foreclosure.
G. To employ any bank or trust company incorporated in the state of my
domicile, any national bank located in the state of my domicile or any private banker duly authorized
to engage in business in the state of my domicile as custodian of any stock or other securities held
as fiduciary, and the cost thereof, except in the case of a corporate fiduciary, shall be a charge upon
the estate.
H. To cause any stock or other securities to be registered and held in the name
of a nominee.
L In the case of the survivor of two or more fiduciaries, and except as otherwise
provided in this will, to continue to administer the property of the estate without the appointment
of a successor fiduciary.
J. As substitute or successor executor, to succeed to all of the powers, duties and
discretion of the original executor, with respect to the estate, as were given to the original executor.
K. To contest, compromise or otherwise settle any claim in favor of the estate
or executor or in favor of third persons and against the estate or executor, or to submit the same to
azbitration, without judicial approval.
L. With respect to any shares of stock or other securities owned by my estate or
executor:
1. To vote or refrain from voting, in person or by proxy,
discretionary or otherwise, such shazes of stock or other securities.
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November 1, 2000
2. To pay calls, assessments and any other sums chazgeable or
accruing against or on account of shazes of stock, bonds, debentures or other corporate securities,
whenever such payments may be legally enforceable against my executor or any property of the
estate or the executor deems payment expedient and for the best interests of the estate.
3. To sell or exercise stock subscription or conversion rights,
participate in foreclosures, reorganizations, consolidations, mergers, or liquidations and to consent
to corporate sales, leases and encumbrances.
M. To execute and deliver agreements, assignments, bills of sale, contracts, deeds,
notes, receipts and any other instruments necessary or appropriate for the administration of the
estate.
N. To make distribution in cash, in kind valued at fair mazket value of the
property at the date of distribution, or partly in each, without being required to make pro rata
distributions of such property.
O. To pay all reasonable and proper expenses of administration from the property
of the estate, including the reasonable expense of obtaining and continuing the fiduciary's bond and
any reasonable counsel fees which the fiduciary may incur.
P. To employ and remunerate agents to perform necessary services for the estate
such as, but not limited to: accountants, attorneys, investment advisors, actuaries, appraisers and
custodians.
Q. To borrow in the name ofmy estate from themselves or others and secure such
loans by mortgage, note, or pledge, at prevailing rates of interest.
R. With regazd to any business enterprise which I may own or possess an interest
in at the time of my death, whether incorporated, unincorporated, or operated as a sole proprietorship
or partnership:
1. To retain all or any portion of the business and continue to
operate the same for so long as my executor shall deem advisable.
2. To sell all or any portion of the business, at such time and on
such terms and conditions (including credit), as my executor shall deem advisable. My executor may
sell the business to any person, including a person interested in my estate or a fiduciary serving
hereunder.
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November 1.2000
3. To control, direct or manage the business; vote any corporate
shazes; select, hire and compensate, or discharge employees, directors and officers of the business;
serve on the board of directors of the business; retain and compensate experts to advise my executor
concerning the management or disposition of the business.
4. To recapitalize or reorganize the business; invest additional
sums of money in the business.
5. To participate in or consent to any merger, consolidation,
reorganization, dissolution or liquidation of the business.
6. To account for the business as an entity sepazate from my
estate. In this regard, my executor shall be authorized to retain earnings in the business in
conformity with sound business practice.
7. I exonerate my executor from liability for any loss resulting
from the retention and/or operation of any business enterprise unless such loss shall result from the
executor's gross negligence or willful misconduct.
S. To claim administrative expenses ofmy estate either as income tax deductions
or as estate tax deductions, in my executor's sole discretion, without regazd to whether such expenses
are payable from income or principal, and without the necessity of making adjustments or
reimbursements between principal and income or among the property interests of the various
beneficiaries ofmy estate. I exonerate my executor from any liability arising from the claim of a
beneficiary of my estate whose entitlement under the terms ofmy will has been diminished by my
executor's elections.
T. To execute, file and deliver proofs of claim or receipts required to collect all
policies of life insurance on my life which name my estate as beneficiary; elect any optional modes
of settlement available under such policies; receive, administer and distribute the proceeds of such
policies in accordance with the dispositive provisions of this will. The receipt ofmy executor shall
constitute full acquittance to any insurance company for policy proceeds paid.
U. To allocate, in their sole and absolute discretion, any amount of the exemption
from generation skipping taxes allowed under Internal Revenue Code, Section 2631(a), to property
of which I am the transferor, including property transferred during my lifetime to which no
allocation has previously been made, without the necessity of making adjustment or reimbursement
to any person as a result of such allocation.
V. To join with my surviving spouse in the execution and filing of:
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November 1, 2000
1. a joint income tax return for any period prior to my death for
which I have not filed a return and to agree as to the apportionment of any joint tax liability.
2, a gift tax return on gifts made by my surviving spouse and to
consent to treat such gifts as being made one-half (%z) by me, for any period prior to my death.
W. In the event that any of my tangible personal
property is donated to a charitable organization(s) then my fiduciary is instructed to use the value of said
donation(s) as an inheritance tax deduction for any inheritance tax return which maybe required to be
filed as a consequence of my death.
X. To disclaim any interest in property which would devolve to me or my estate
by whatever means, including but not limited to the following means: as beneficiary under a will,
as an appointee under the exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under athird-party beneficiary
contract.
Y. To file the appropriate election in accordance with Section 2056(b)(7)(B)(v)
of the Code to designate whatever portion of the assets comprising my federal gross estate that the
executor, in the executor's sole discretion, determine should qualify for the marital deduction. In
making this determination, the executor is directed to consider the present and projected financial
requirements of my spouse, the expected period of survivorship of my spouse and the assets that
have passed to my spouse other than under the provisions of this Will.
Z. To do all other acts in the executor's judgment deemed necessary or desirable
for the proper and advantageous management, investment and distribution of the estate.
My executor may exercise these powers for any purpose and upon such terms, conditions and
limitations (whether or not to exist longer than the administration of my estate) which in the
judgment of my executor shall be in the best interest of my estate and the beneficiaries thereof.
FIFTH: PAYMENT OF DFATH TAXF4, I direct that all estate, inheritance,
succession, transfer or other death taxes assessed by any taxing authority, whether foreign or
domestic, in respect of all property taxable by reason of my death or by inclusion of such property
in my gross estate for estate tax purposes, be paid, without apportionment, as directed in the pour
over indenture of trust, the Living Trust Agreement, created N We~W Z, 2000 between myself
and my spouse as Grantors and myself and my spouse as co-trustees. However, the aforesaid
notwithstanding, if, at the time of my death, I am the beneficiary of a qualified terminable interest
property (QTIP) trust, and the principal of that trust is includible in my gross estate for tax purposes,
it is my direction, pursuant to the provisions of Internal Revenue Code, Section 2207A, that my
executors or the trustee of the trust withhold from the shares of the remaindermen of the trust an
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November 1, 2000
amount by which the estate tax in my estate exceeds the amount of the estate tax which would have
been payable had the trust property not been included in my estate for tax purposes.
SIXTH: PRF.SiiMPTION iN ('ACF OF 4i11T I TAN O i DFATh, In
determining whether a person who may be interested in my estate has survived me or another person,
(I) my spouse shall be deemed to have survived me unless it unmistakably appears by proof that she
predeceased me; and (2) in all other cases, a person shall not be deemed to have survived me or another
person if he or she dies within thirty (30) days of my death or of the death of the other person.
SEVENTH: FXF('i TOR
A. A,Ppointment, I nominate and appoint my wife as executor of this, my will. If
my wife shall fail to survive me, shall decline to act, or having qualified shall, for any reason
thereafter, cease to act, I nominate and appoint MATTHEW J. EMRICH as successor executor in
her place. Any executor, original or successor, named herein may be referred to herein as my
executor.
B. Accounting to Succeccor x r~t~r, Any successor executor is authorized (but
not directed) to accept the assets delivered by or for a predecessor executor on the basis of the
accounting therefor without requiring any audit or other independent accounting of the acts of such
predecessor executor. Any successor executor shall not be liable for, or liable for failure to rectify,
any act or omission of my predecessor executor.
C. Time and Method of Dictrib rtion, Final distribution of my estate shall be
made when my executor determines the time to be appropriate. Prior thereto, partial distributions
may be made whenever my executor shall deem it advisable. Distributions maybe made in cash or
in kind, or partly in each, and for this purpose, the determination of my executor as to the value of
my property distributed in kind shall be conclusive.
D. Selection of AccetC for Dic rib rtion, My executor shall in its sole and absolute
discretion select assets or property to be distributed in satisfaction of any devise or bequest in my
Will without respect to the income tax basis of such assets or property. My executor specifically is
excused from any duty of impartiality with respect to the income tax basis of such property.
E. ('nnflictc of in r ct. I realize that, in the course of the administration of my
estate, conflicts of interest may develop between beneficiaries of my estate, the Trustee of my Living
Trust Agreement, the beneficiaries of my Living Trust Agreement, and possibly others. For
example, conflicts may develop because of a choice of alternatives involved in valuing assets for
various purposes. In the resolution of any conflict of interest, I request (but do not so direct) that my
executor first make a reasonable effort to determine the overall effect of the conflict on the
administration of my estate and in the distributions to be made to the Trustee of my Living Trust
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Agreement and then make reasonable efforts to resolve the conflict by the mutual agreement of the
respective beneficiaries or recipients. In the event that a mutual agreement cannot be reached after
reasonable efforts, my executor shall resolve the conflict in its sole and absolute discretion.
F. Elections and Op ions. I confer upon my executor the sole and absolute
discretion to exercise any election or option given to my executor under the revenue laws of the
United States or any state in which this Will maybe probated or in which property of which I own
an interest at the time of my death may be located. My executor may exercise such discretion
without regard to the relative interests of the beneficiaries of my estate without compensating
adjustments among the beneficiaries of my estate; and notwithstanding the possibility that such
decisions may increase the amount of my taxable estate. Without limiting the generality of the
foregoing sentence, my executor is authorized, in its sole discretion, to claim any expense of
administration of my estate as an estate tax deduction or as an income tax deduction; to elect to
extend the payment of any tax over such period as may seem appropriate to my executor and
available under law; to elect to value my estate under any alternative valuation formula which may
be permitted under the Code; to select the alternative valuation dates for the valuation of my estate;
to make (or not make) in whole or in part the election under §2133(a) of the Pennsylvania
Inheritance and Estate Tax Act, 72 Pa.C.S.A. §9113, to subject property to Pennsylvania Estate Tax
on my death and thereby avoid any such tax on my Spouse's death; to disclaim or renounce, in
whole or in part, any gift, inheritance, life insurance or employee benefit payable to or for the benefit
of me or my estate; to join with my Spouse in the filing of any tax returns for any year or years for
which I have not filed such return or returns prior to my death and pay all or such ratable share of
any taxes (together with any interest and penalties thereon) as my executor shall deem proper; and
to consent to any gifts made by my Spouse prior to my death being treated as made one-half (1/2)
by me for the purpose of any gift tax laws and returns.
G. Encumbered I)ic rib rtion. My executor is authorized to distribute to any
beneficiary of my estate or to the Tmstee of my Living Trust Agreement or to the beneficiary of my
Living Trust Agreement any asset of my estate subject to any and all indebtedness incurred by me
or by my executor which indebtedness, in the sole and absolute discretion or opinion of my executor,
need not be paid first, or to distribute any such property or asset subject to any and all mortgages,
deeds of trust, or the liens, encumbrances, or obligations created by me or by my executor.
H. Special F.lertion and Alln a ion of ('Pnera ion Cl.t~~g Trancf r Tax
Exemo ion. I expressly confer upon my executor the sole and absolute discretion to elect under
Section 2652(a)(3) of the Code (which election permits me to be deemed the transferor of the
property for the purposes of the federal generation-skipping transfer tax and the exercise of which
maybe advantageous for purposes ofgeneration-skipping transfer tax planning) to treat me as the
transferor of any qualified terminable interest property with respect to which my estate is allowed
a deduction by reason of Section 2056(b)(7) of Code (which permits a "marital" deduction in
calculating the amount of my taxable estate for federal estate tax purposes). I authorize my executor
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November 1.2000
to allocate my generation-skipping transfer tax exemption to and among dispositions of property
with respect to which I am the transferor, whether contained in this Will or otherwise, in such
manner as my executor, in my executor's sole discretion, deems best calculated to secure the most
effective utilization of such exemption, based on circumstances and events either known or
reasonably foreseeable as of the expiration of the time within which such allocation is required to
be made. While equality of treatment among different beneficiaries or beneficiary groups should
be an important consideration in allocating such exemption, it should not be the sole or even the
primary consideration. Any allocation so made by my executor shall be binding on all persons
interested in the dispositions with respect to which I am the transferor and my executor shall have
no liability if, as the result of or in light of subsequent events, the benefits of the exemption fall
inequitably, or different allocation would have protected a higher value of assets from generation-
skipping transfer tax. It is my desire (but not direction) that my generation-skipping transfer tax
exemption be allocated, if my Spouse survives me, to property passing to the Family Trust under my
Living Trust Agreement to the maximum extent possible and to the extent of the generation-skipping
tax exemption in excess of the amount allocated to such Family Trust, to qualified terminable
interest property with respect to which my executor has made an election under Section 2652(a)(3)
of the Code or, if my Spouse fails to survive me, to my Residue or where appropriate to secure the
most effective utilization of my generation-skipping transfer tax exemption, to property in a Marital
Trust established forme by my Spouse.
L F.xecntnr'c Dis r tion on rolling. Any decision made under this Section or
any other provision of this Will by my executor with respect to any matter shall bind each
beneficiary of my estate, the Trustee of my Living Trust Agreement, the beneficiaries of my Living
Trust Agreement, and any other person however interested in my estate; and my executor shall not
be required to make any compensating adjustments between income or principal or among any
beneficiaries, trustee, or any other person as a result of my executor's action or inaction.
J. i.iahili of F.xecntor. The executor shall be liable only for its own negligence
or willful misconduct.
EIGHTH: DEFiN ITIONC.
A. ~~. All references in this Will to the "Code" shall mean the Internal Revenue
Code of 1986, as amended, and shall be deemed to refer to corresponding provisions of any
subsequent federal tax law.
B. hiving Tr >I Agr m nt. By my "Living Trust Agreement," wherever used
in this Will, I mean the Trust Agreement executed by me and my spouse on a1rr.,p„ti 7 2000,
in which myself and my spouse are named co-trustees. Such reference also shall include any A
amendments to such Trust Agreement. M
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November 1, 2000
C. Personal and HOLC hold F}I' tc, All references in this Will to my "Personal
and Household Effects" shall mean my jewelry, closing, books, china, crystal and silverware,
furniture and furnishings, objects of art, boats, automobiles, club memberships, and all other
personal property of a nature, use, and classification similaz to the foregoing, and includes all rights
that I may have under any insurance policies relating thereto. Expressly excluded from this
definition is any tangible personal property regulazly used in connection with any business in which
I own any interest.
D. Per S irugc, All referenced in this Will to "per stirpes" shall mean a
distribution in accordance with this Section. Except for discretionary distributions that may be made
unequally among a group ofbeneficiaries, whenever a distribution is to be made to the issue of any
person, the property to be distributed shall be divided into as many shazes as there are (1) living
children of the person, and (2) deceased children, who left beneficiaries who are then living, of the
person. Each living child (if any) shall take one shaze and the shaze of each deceased child shall be
divided among his or her then living issue in the same manner.
E. Besiclue. All references in this Will to my "Residue" shall mean all the
remainder of my property, of whatsoever kind (whether real, personal, or mixed, and whether
tangible or intangible) and wheresoever situated (and including all lapsed bequests and devises
which fail for any reason), not specifically disposed of herein. Should I possess one or more powers
of appointment, however, I call attention to the fact that I do not desire to exercise any such power;
neither such power nor any property subject to any such power shall be regarded as part of my
Residue.
NINTH: MiSCF.i I ANFO ,
A. Bond and ComTn nca ion, I direct that no executor or other legal
representative of my estate shall be required to furnish any bond or other security in any jurisdiction.
Any executor named herein or otherwise appointed shall be entitled to reasonable fees commensurate
with its duties and responsibilities, taking into account the value and nature of my estate and the time
and work involved, with regazd to any statutory provisions as to fees, and if it is a corporation, then
not less than its then current minimum fee for such services. If any licensed attorney or certified
public account shall serve as executor, such person shall be compensated for services rendered on
the basis of such person's customary charges for legal or accounting services.
B. Will Not Con ra gal. My spouse and I are executing Wills at approximately the
same time, in which each of us is the primary beneficiary of the Will of the other. These Wills are not
being executed pursuant to any contract to make a Will or any contract not to revoke a Will. The Will
of each of us is revocable at anytime, whether before or after the death of the other spouse, at the sole
discretion of the spouse making the Will.
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November 1, 2000
C. Invalid Provicinnc, If any part of this Will or my Living Trust Agreement shall
be invalid, illegal, or inoperative for any reason, it is my intention that the remaining parts, so far as
possible and reasonable, shall be effective and fully operative. My Executor may seek and obtain court
instruction for the purpose of carrying out as nearly as may be possible the intention of this Will as
shown by the terms hereof, including any term held invalid, illegal, or inoperative.
D. Numher and (:'end ~. If required by the context of this Will, singular language
shall be construed as plural, plural language shall be construed as singular, and the gender of personal
pronouns shall be construed as either masculine, feminine, or neuter.
E• Terms• Throughout this Will I direct that the term "give" shall be deemed to
include the term "bequeath" or "devise" when appropriate.
F. Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be construed to be a part
of this Will.
G. Governing i aw. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I sign, seal, publish and declare this instrument as my
Last Will and Testament on this ~ day of ?e~.~_ . ~ 2000.
~ ~a ~t
J C. EMRICH
Signed, sealed, published and declared by the above-named Testator, JOHN C. EMRICH, as
and for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and
presence and in theysi~gh~t a7nd presence of each other, have hereunto subscribend,,o~ur n/ames as w1itnes/ses.
~" i~"''""~ Address) l '!~Y/ /w ~roo'T
Address~~~ Tp~ /yam
~~ .~4
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November 1.2000
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND ~
I, JOHN C. EMRICH, THE TESTATOR, WHOSE NAME IS SIGNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO
HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY
LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS
MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY JOHN C.
EMRICH, THE TESTATOR, THIS ~ DAY OF ~ , 2000.
C. EMRICH, Testator
-~""--~ Notarial Seal
Deborah L. Brenneman, Notary Publ~
COMMONWEALTH OF PENNSYLVANIA) GmpHlgBao,Cumbeaerwcounry
My ComrNaebn E~Ires June 18, 2002
SS: MMnDx, ppggy~y gssocietion of Nota
COUNTY OF CUMBERLAND 1
WE, ~ Ri -~i E. M S+ohler~ AND //i~cc~~' ~; s'~c~OViT~
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT
AND SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE INSTRUMENT AS HIS
LAST WILL AND TESTAMENT; THAT HE SIGNED WILLINGLY AND THAT HE EXECUTED
IT AS HIS FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT
EACH OF US IN THE HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS
WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE
TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO
CONSTRAINT OR UNDUE INFLUENCE.
t ,~~ORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS~~ DAY OF
N , 2000.
WI ESS rr ~~
X
OTAR
Notanal Seel
Dsboreh L. Brenneman, Notary Publk
Camp HIII Boro, CumbeAentl County
My Commlaelon Explrea June 18, 2002
Member, Pennsylvania Aeaociabon of Notaries