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HomeMy WebLinkAbout10-19-09 (2)PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Harry D. Bikle also known as Harry DwightBikle township, county, slate, zip code) Kathleen A. Kuehl and Shazon M. Heller Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:J ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the executrices named in [he last Will of the Decedent dated September 20, 2002 and codicil(s) dated September 28, 2009 (State relevant circumstances, e.g., renuncindon, death of erecutor, eta) Except as follows, Decedent did not marry, was not 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. Grant of Letters of Administration Qfapplicable, enter: et. a.; d.b.n.c. [.a.; pendente lire; durante nbsen6a; 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: (/f 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 IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland (Ltst street Decedent, then 80 Deceased County, Pennsylvania with his /her last principal residence years of age, died on October 5, 2009 COUNTY, PENNSYLVANIA File Number ~' l / % ~l/~ Social Security Number 186-26-8518 - ~ .r ~ ~a w(WAO~q OO~~,~ a U[r] a as C7oa5w~ ~N ~~ at 181 Loft Hollow Road, York County 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 g 20,000.00 g 175,000.00 734 Black Ga Road, GreeneTownshi Franklin Coun Fa etteville, PA 17222 ~~'! / qs~ o co situated as follows: P P, ty, Y Form RW-02 rev./0./3.06 Pyg010f"Z Wherefore, Petitioner(s) respectfully request(s) the probate of [he last Will and Codicil(s) presented with [his Pe[i[ion end the gran[ of Letters in the appropriate form W the undersigned: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF (~<<nnb>°xland The Petitioner(s) above-named sweaz(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the --l--'~-n (d~/ay~of Atm.[-1- Fo e Register Slgnadure of Persona[ Representative File Number: ~~~'" (J / (!O Estate of Harry D. Bikle ,Deceased O a -r, V '~ .r ~ 4L _~~Wwoo• OOp~~z A c~ F+ cc44 .r w U=y 0C7g~ ~ ~~ ~~N~~Ov Social Security Number: ~ D ~~ ~~-~ ~ ~ 6 Date of Death: (Tk.TiD1IYn~ 5~"~ ~-Q~~ AND NOW.~d_t having been presented are hueby granted to _ and that the instrument(s) dated ~ LC described in the Petition be admitted to probate and filed FEES Letters ............... $~ Short Certificate(s) ........ $ ~~,~ Renunciation(s) .......... $ $ t3v,t~ $ is vo $ l19, eo $ ~ 00 .. $ TOTAL 0.00 in consideration of the foregoing Petition, satisfactory proof in the above estate as the last Will (and Attomey Signature: Register of Attorney Name: Benjamin J. Butler Supreme Court LD. No.: 81948 Address: P.O. Box 1004 Harrisburg, PA 17108 Telephone: 717.236.1485 500 N. Third Street Form RW-O2 rev. /0./3.06 Page 2 Of 2 OATH OFNON-SUBSCRIBING WITNESS(ES) GISTER OF WILLS ~uro6fi~an COUNTY, PENNSYLVANIA a~-cX;- o~~~ Estate of Nalry %HI ~/ ~+ L.ec. Q. GQ~mQn ~-k/e Deceased (each) being duly qualified a/cc/ording to law, depose(s) and say acquainted with ~/c~~ D 1""9 ~ f- Bt K and am/are familiar ~ ~ / with the handwriting and signature of the decedent, and that the signature of f~q~~9rJ11 ~~'t' ~~3' ~' k ~~- to the foregoing instrument purporting to be the Last Will and Testament! odi i~f H ai,~ ~ursti-I- 6i /C k is in i /her own proper handwriting. / 2~l ~/ Irl/~, f C. Br >Uti La /tt_ (Sn'eet Address') C a~/tsl~ ~ 6'A i / ~l ~ (City. State, ZipJ Executed in Register's Office Sworn to or affirmed and subscribed befo~r/e~~mye,~this +~~ ,~~~r,,pday of l`~U V ~~ , g1~d,LL_. C.Ulh,ushn~ C,1 hCl~- Deputy for Register of Wi (s) that she / h~the}~ was, we well- and (Signature) IZZy W~f-{L ~%rc,w La~~ (Street Address) C'aii(~l~ PA /'~/3 (City, state. Zip) w O~~ FF: x w3WwQ0 OOpOvQ Q~~~~,~~ ~~O~aW OC7o ~~ ~~N~ Form RW-04 rev. (O. H.06 iroccos aav /olroTS '1~ f'~r ~j'Yi)")/ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for pennanen[ filing. P .15838685 Certification Number ~8,,, 4~,td.,~~6JL 1 ~ 9 ocal Registra Date Issued xlos mltEV. unom COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORPS ttrrrwwtix ce"'""r"' CERTIFICATE OF DEATH wAa Yu ISN IMWC90M alxr axampM pIS IawnNl 6TATE fpE hIM6Efl O`~~ FC. ~~Ww~O OOpovp pp ~ ~~~3 r4~~~~W rO~$ ~ rz; "" N~ V I. WYd6oaY6W mga,.a4 W1 xYa 1.LnlYwar MrM I. pN,aG,apY4br, M,rl Harry pwight Bikle, MD Male 196 - 28 - 9518 oetober 5, 2009 L Mr•arrbM IwYI Ila,rl a6raM I. d w Np,M M Yar arr. SO ~ June 8,1928 6rem 7ownahip, plw+a a,wrr, od, N,Nrlb~ w+Y.w o.a.wNw. w wpaGN, wq, r..Iw.alYYn wr.oryxY.nNrl.ard,.arrwYYq rN.o,awdNSrNbbopnt ®Y prw MMWAwwwbawY.rlw.as York. Franklin 1S7 Lok Hollow Road )pba~a.~nwbl~b.al `~" Whib II.WMd,Wd Nwlww wa,a FWN61baYA. IL Mw0.sY.wYM LM1wYM1 NM1Yailwwr,Yl) 11. 1YY14a1Yb{1Y,e WM. 1f. wYi. p,y/,,,wa..Wl Yblawa raawrwYNY unarr.xu errr/rbwaYYRla GYw11PIxM biY,w46aloYpyr{t Ph scian Medical Yr w 5+ Widowed x. w.rr.IwAr.rpwNar/bear,avYYN owe. worn. b PA + Lower Allan 325 Waeley Drive u,~ wo.rwasW b ~.I x. ® "°r""11° °•°°" rT Mechanicsburg, PA 17055 sm. wra Cumberland +Y D a~0ir1ii11n1"r° AYrlwad qq4. a rMMw PYCar. W J.I 12 IbxAYlYb,6rA.aw, n,lY,nYw1+1 Ferdinand C. Bikle Sr. Leila Oyler a IaY.mYw PNa.br rm. bs.wnYrNAaarpYN.Nnsar.yaa Sharon M. 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IsYr..awYw alrrwerM•.ay.wa t R• D Na+ nAfR XQCh / 240 /sF TA ao r -- ' Q UsPrYnAPNnY1NO D~c~L, RECORDED OFFICE OF REGISTER OF WIIJ.S 2009 OCTOBER 19 ,r~ CLERK OF ~"~ I ACT WI D T T MENT ORPILIN5 COURT CUI~ffiERLAI`D CO., PA I, HARRY D. BIKLE, of Silver Spring Township, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and codicils by me at any time made. ITEM 1. I direct my Executrices to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM 2. I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by my Executrices out of the property passing under ITEM 3 of this Will as an expense and cost of administration of my estate. My Executrices shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM 3. I give, devise and bequeath all the rest, residue and remainder of my estate of any kind whatsoever, real, personal or mixed, and wheresoever situate, unto my children, KATHLEEN A. KUEHL, of Jennerstown, Pennsylvania, SHARON M. HEELER of Bendersville, Pennsylvania, STEPHEN D. BIKLE of Bechtelsville, Pennsylvania, and JEFFREY M. BIKLE of Corpus Christi, Texas, equally, share and share alike. In the event that one or more of my children should not then be living, his or her share shall be distributed to his or her children, if any, in equal shares, or if none, to my surviving children in equal shares. ITEM 4. In addition to the powers conferred bylaw, my Executrices shall have the following powers: (a) To retain in their absolute discretion and for such period as to them shall seem advisable, any and all assets constituting my estate, without liability for any loss incurred by reason of the retention of such assets. (b) To change investments and properties, and to invest and reinvest all or any part of the corpus of my estate, in such securities, investments, or other property as to them seem advisable and proper, irrespective of whether the same are authorized for the investment of estate funds by the laws of the Commonwealth of Pennsylvania. (c) To sell all or part of the property which at any time may constitute a part of my estate, at such time, upon such terms, for cash or on credit, with or without security, in such manner and at such prices, either at public or private sale, as to them shall seem advisable and proper, and to execute good and sufficient deeds and bills of sale therefor. (d) To lease any property held by them and for the duration of the term, irrespective of the provisions of any statute or of the termination of my estate; and to mortgage, pledge, collect, convert, redeem, exchange, or otherwise dispose of any securities or other property at any time held by them. -2 (e) To borrow money, whether to pay taxes, exercise subscriptions, rights, and options pay assessments or to accomplish any other purpose of any nature incidental to the administration of my estate, and to pledge any securities or other property held by them as security therefor. (f) To enforce any bonds, mortgage, or other obligations or liens held hereunder; to enter upon such contracts and agreements and to make such compromises or settlements of debts, claims, or controversies as they may deem necessary or advisable; to submit to arbitration any matter or difference; to vote personally or by proxy any shazes of stock which may at any time be held by them hereunder. (g) To consent to the reorganization, consolidation, merger, liquidation, readjustment of or other change in any corporation, company or association, or to the sale or lease of the property thereof or any part thereof, any of the securities or other property of which may at the time be held by them thereunder, and to do any act or exercise any power with reference thereto that may be legally exercised by any person owning similar property in his own right, including the exercise of conversion, subscription, purchase or other options, the deposit or exchange of securities, the entrance into voting trusts, and the making of agreements or subscriptions which they may deem necessary or advisable in connection therewith, all without applying to any court for permission to do so, and to hold, redeem, sell or otherwise dispose of any securities or other property which they may so acquire, irrespective of whether the same be authorized for the investment of estate funds by the laws of the Commonwealth of Pennsylvania. -3- (h) To cause to be registered in their names as Executors hereunder, or in the names of their nominees without qualification or description, any securities at any time held in my estate. (i) To determine the manner in which the expenses incidental to or connected with the administration of my estate hereby established shall be apportioned as between income and principal. (j) To cant' out agreements made by me during my lifetime, including the consummation of any agreements relating to the capital stock of corporations owned by me at the time of my death, and including the continuation of any partnership of which I may be a member at the time of my death whenever the terms of the partnership agreement obligate my estate or personal representative to continue my interest therein, and to enter into agreements for the rearrangement or alteration of my interests or rights or obligations under any such agreements in effect at the time of my death. (k) To apportion extraordinary and stock dividends received by them between income and principal in such manner as they may see fit; provided, however, that all rights to subscribe to new or additional stock or securities, and all liquidating dividends shall be deemed to be principal. My Executrices may freely act under all or any of the powers of this Agreement given to them in all matters concerning my estate hereby established, a$er forming their judgment based upon all the circumstances of any particular situation as to the wisest and best -4- course to pursue, without the necessity of obtaining the consent or approval of any court, and notwithstanding that they may also be acting as an individual, or as an agent for other persons as n individual, or as an agent for other persons or corporations interested in the same matters, or may be interested'in connection with the same matters as stockholders, directors or otherwise. - yThe powers herein granted to my Executrices maybe exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and not exclusive of the general powers of executors pursuant to law, and shall include all powers necessary to carry the same into effect. The enumeration of specific powers herein shall not be construed in any way to limit or affect the general powers herein ITEM 5. If any income or principal shall be payable to any beneficiary who shall be a minor or shall be under a legal disability or in the sole judgment of my Executrices shall otherwise be unable to apply such payments to his or her own best advantage (hereinafter referred to as minority or incapacity), my Executrices shall hold such income and principal during minority or incapacity and shall apply such income and principal to the health, maintenance, support and education of such beneficiary during minority or incapacity without the appointment of any guardian or committee or any authority of court and shall make all or any portion of any such payment in any one or more of the following ways: (a) Directly to such beneficiary. (b) To the legal guardian or conservator or custodian under the Uniform Transfers to Minors Act of such beneficiary. Q-- -5- (c) To a relative of such beneficiary to be expended by such relative for the benefit of such beneficiary. (d) By themselves, expending the same for the benefit of such beheficiary. Any remaining income and principal to which such beneficiary shall be entitled shall be paid and distributed to such beneficiary on the termination of minority or incapacity. ITEM 6. I hereby nominate, constitute and appoint KATHLEEN A. KLTEHL of Jennersville, Pennsylvania, and SHARON M. HEELER of Bendersville, Pennsylvania, as Executrices of my estate. In the event that either is unable or unwilling to serve in this capacity, I then nominate, constitute and appoint the other as Executrix of my estate. My Executrices aze specifically relieved from the duty or obligation of filing any bond or bonds. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, this ~~ day of , 2002. _ ~ ~ ~ (SEAL) H D. Bikle -6- WITNESS: n ,, ,, residing at ~`r~ ~'~"`"~ p 1 QyLVJo" `~ /" ~7 //'C7 v~ esiding at ~ ~ R , 0.. 1 t -7- COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF DAUPHIN We, HARRY D. BIKLE, ~ o ~t1fF Lb D _ ~ vt`t_~ _> and i2YS -f s~- L S , 0 C~ F~ ,the Testator and the witnesses respectively, whose names aze signed to the attached or foregoing instrument, being first duly sworn, do hereby declaze to.the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly (or willingly directed anothez to sign for him) and that he executed it as his free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of their knowledge, the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. 1 /HDny D. Bi~k~l-e~,~L~ Witness ~~~ Witness ~ Subscribed, sworn to and acknowledged before me by HARRY D. BIKLE, the Testator, d subscribed and sworn to before me by a ,J A~ ~ ~ _ .~ UT(_F~ , and ~2 5'r <_ - t7ri.~E~ ,the witnesses, this a D day of S~,y~8p,~ , 2002. -Ih9--~--~IJ~ oC - T Notary Publ' My Commission Expires: NOTARIAL SEAL CHERYL L. FERGUSON, Notary Public Harrisburg, Dauphin County M Commission Expues A I B, 2004 _g_ ~___ manner as they may see fit; provided, however that all rights to subscribe to new or additional stock or securities, and all liquidating dividends shall be deemed to be principal. The Trustees may freely act under all or any of the powers of this Agreement given to them in all matters concerning the Trust hereby established, after forming their judgment based upon all the circumstances of any particular situation ae to the wisest and best course to purau®, without the necessity of obtaining the consent or approval of any court, and notwithstanding that they may also be acting as an individual, or as trustee of other trusts, or as an agent for other persons or corporations interested in the same matters, or may be interested in connection with the same matters ae stockholders, directors or otherwise. The powers herein granted to the Trustees may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and not exclusive of the general powers of trustee pursuant to law, and shall include all powers necessary to carry the same into effect. The enumeration of specific powers herein shall not be construed in any way to limit or affect the general powers herein granted. ITEM 7. The Trustees of the foregoing Trust shall be KATHLEEN M. KUEHL of Mt. Union, Pennsylvania and SHARON M. FELLER of Sandersville, ~1 -9- Pennsylvania. In addition to other provisions applicable to tru~teea generally, the following provisions shall apply to the Trustees: (a) No bond or surety shall be required of the Trustees or of any successor Trustee who shall serve hereunder. (b) The Trustees or any successor Trustee may resign by an instrument in writing. (c) The Trustees or any aucceesar Trustee may appoint any person, firm or corporation, other than the Testator or any firm or corporation in which the Testator has an interest, as successor Trustee. (d) Any successor Trustee shall have and may exercise all the rights, powers, duties and discretione conferred or imposed on the Trustee. (e) No one dealing with any Trustee need inquire concerning the validity of anything the Trustee purports to do, or see to the application of any money paid or property transferred to or upon the order of the Trustee. (f) No successor Trustee shall be obliged to examine the accounts and actions of any previous Trustee. -10- (g) xo successor Trustee shall be responsible in any way for any acts or omissions of any previous Trustee. (h) No Trustee shall be liable for any act or omission unless the same be due to that Trustees own willful default. (i) In the event of the resignation, death or incapacity of any Trustee, in further event that no successor Trustee has been appointed, then that vacancy shall not be filled and the remaining Trustee shall continue to serve as the only Trustee. (k) The compensation to be paid to and corporate Trustee for its ordinary services as Trustee shall be at the rates prescribed for similar trust services in its standard compensation schedule in effect at the time of each charging of ouch compensation, unless it agrees in writing to a different fee arrangement. Any corporate Trustee shall receive reasonable additional compensation for all requested or required extraordinary services. It say deduct the compensation at such time or times and from such sources as it may reasonably determine. Reasonable compensation shall be paid to any individual serving as Trustee, unless the individual waives the right to receive compensation. ITEM 8. whenever and so often as any beneficiary hereunder to whom payments are herein directed to be made shall be under legal disability or in -11- the sole judgment of my Executora or ~'i'ueteee shall otherwise be unable to apply such payments to his or her own beet advantage my Executora or Trustees may make all or any portion of such payments in any one or more of the following ways: (a) Directly to such beneficiary. (b) To the legal guardian or conservator of such beneficiary. (c) To a relative of such beneficiary to be expended by such relative for the benefit of such beneficiary. (d) By themselves, expending the same for the benefit of such beneficiary. ITEM 9. If my wife, LEAH M. BIBLE, and I should die at the same time, or in a common disaster, or under such circumstances that it is difficult or impossible to determine who died first, she shall be deemed to have survived me. ITEM 11. I hereby nominate, constitute and appoint my Wife, LEAH M. BIBLE, as Executrix of my estate. In the event that she is unable or unwilling to serve in this capacity, I then nominate, constitute and appoint, XATHLEEN A. RVEHL of Mt. Union and SHARON M. HEELER of Benderaville, ~ ~', r , ~ -12- Pennsylvania, as Executrixes of my estate. In the event that wither is unable or unwilling to serve in this capacity, I then nominate, constitute and appoint the survivor as sole Executrix of my estate. In addition to the powers conferred by law, my Executors shall have the same powers granted to my Trustees in ITEM 6 above. My Executors and Trustees are specifically relieved from the duty or obligation of filing any bond or bonds. IN WITNESS WHEREOF, 2 have hereunto set my hand and seal to this my Last will and Testament, this ~ day of ~ ~~ - A.D., 1995. ~" ~ , i (SEAL) Aa ~ y D. Hikle /, WITNESS: /'/~Jjj';//~JJ// ' / ~/,~„ ~ ~^~-¢ `'~ residing at ~~7' V[.C~,/ U~i.e-~ y~ (~ ~(Y..A ~c~- 0 7 i 1. i~•~~ ,~Rl? residing at ~ O -13- Z~'o`~-~`~Z CODICIL TO THE LAST MILL AND 7 OF BARRY DWIGHT BIICLF: WHEREAS, on May 3, 1995, I, Harry Dwight Bikle, executed my last will and testament, and; WHEREAS, I made various instructions and bequests, and, WHEREAS, I desire to add an additional provision to the will; I NOW PUBLISH THIS CODICIL to my last will and testament of May 3, 1995: I reaffirm all parts and exhibits of said will, except that, I: with the knowledge and agreement of my son Jeffrey Millard Bikle, leave and bequeath my farm located on Black Gap Road, Green Township, Franklin County, in the Commonwealth of Pennsylvania, in equal shares to my other three children: Kathleen Adele (Bikle) Kuehl, Sharon Mae (Bikle) Heller and Stephen Dwight Bikle. I direct that the executors of my estate enact thes~equ~ts~ if they were part of my last will and testarygy~p ~ ~ / / Dated: ~~~p ~ U ~~ V `~~/ TESTATOR I hereti'th ffix my signat re to this odicil on this th/g~ da of 20G~ at /~JP ~./I'Y1r ~1~'GJ/e~J@~~ythe pr sence of the following witnesses,~who witnessed and scribed this cgpa.ci at my request, and in my presence. ATTESTAT20N CLAUSE On the date above written, HARRY DWIGHT BIKLE, declared to us, and in our presence, that this instrument, consisting of one page, is a codicil to his last will and testament, and HARRY DWIGHT BIKLE, then signed this instrument in our presence, and at HARRY DWIGHT BIKLE's request we now sign this codicil as witnesses in each other's presence. Further that Harry Dwight Bikle appeared to us to be of sound mind and lawful age, and under no undue influence. witnes G /~ 7 Address: LJ~~a /`~ ~~' ~/ ~`3~ Witness: ~~ ~~~~ Address: ..D~J ~~~o.~J pS -/1[~+~¢+~ 1~3b~~ ~/t ~~~ Witnes s : 3RS ~-~.s. ~ /~as3 RECORDED OFFICE OF REGISTER OF WILLS 2009 OCTOBER 19 CLERK OF ''fP~ ORPFGINS' COURT CUI~I6ERLr1ND CO, PA ~ I -c~~~ -0~ 1~ " LAST ills. ARD T8sxA1~NT o~ BARRY D. SIRL6 I, BARRY D. BIKLE, of silver Springs Township, Cumberland county, Pennsylvania, do make, publish and declare this to b® my Last will and Testament, hereby revoking all Willa and codicils by me at any time made. ITEM 1. I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by my Executrix out of the property passing under ITEM 5 of this Will, as an expense and coat of administration of my estate. My Executrix shall have no duty or obligation to obtain reimbursement for any each tax so paid, even though on proceeds or insurance or other property not passing under this xill. In the absolute discretion of my Executrix, she may pay such taxes immediately or may postpone the payment of taxes on future or remainder interests until the time possession thereof accrues to the beneficiaries. ITEM 2. I direct my Executrix to pay the expenses of my last illness and funeral expenses from the property passing under this will as an expense and cost of administration of my estate. ~,~ ~ ~~ ~ _. RECORDED OFFICE OF REGISTER OF WILLS 2009 OCTOBER 19 CLERK OF ~" ORPILANS' COURT CU~IDERL.-1ND CO, PA ITEM 3. In the event that my Wife, LEAA M. BIRI.E, survives me, I give and bequeath to her absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment. In the event that my wife does not survive me, I sake said bequest to my children living at the time of my death to be divided among them as they shall agree. Should there be no agreement, such property shall be divided among them by my Executors in as nearly equal portions ae they in their sole discretion deems practical, having due regard to the personal preferences of such children. ITEM 4. In the event that my Wife, LEAH M. SIRLE, survives me, I giv®, devise and bequeath to her the smallest amount of the assets of my estate that qualify for the marital deduction as will be sufficient to result in the lowest federal estate tax being imposed upon my eetate, after allowing for the unified credit and any other allowable credits and deductions. In determining such amount, the values for federal estate tax purposes shall control. Tt is my intention that this bequest shall constitute a pecuniary bequest and that it shall not participate in increases and decreases that may occur during the administration of my eetate (except ouch increases and decreases as may result from an election to use the alternate valuation date). ~ / ~ ~' -2- My Executrix shall have full power and the sole discretion to satisfy this devise and bequest, wholly or partly, in cash or kind and to select the assets that will be conveyed to my wife. All assets so conveyed to my wife shall be valued at the value thereof ae finally determined for federal estate tax purposes; and provided further that my Executrix, in order to implement this devise and bequest, shall distribute to my wife assets, including cash, having an aggregate fair market value at the date or dates of distribution amounting to no lees than the amount of this devise and bequest as finally determined for federal estate tax purposes; and provided further that there shall not be conveyed to my wife any policy of insurance on the life o£ my wife, or any asset, or the proceeds of any asset, which will not qualify for the marital deduction. The exercise of the foregoing power and discretion by my Executrix shall not be subject to question by or on behalf of any beneficiary. In the event that my wife, LEAH M. SIRLE, predeceases me, 2 give, devise and bequeath all my property as provided in the succeeding Item of this Will. ITEM 5. I give, devise and bequeath the residue of my estate, of every nature and wherever situate, to mY Trustee, IN TRUST, for the following uses and purposes: u C_ ~j ~~ -3- (a) The Trustees shall pay to or expend and apply for the benefit of my Wife, LEAK M. BIBLE, so much of the income and principal ae they, in their sole discretion, deems necessary for her proper support, maintenance and welfare, including medical, surgical, hospital or other institutional care, having in mind both the standard of living to which she has been accustomed and the income available to or for her from other sources. Any income not distributed shall be added to principal. (b) After the death of my wife, or if LEAH M. BIBLE predeceases me, then upon my death, the Trust shall terminate and the Trustees shall distribute the then remaining Trust corpus to my children, KATHLEEN A. RUEHL of Mt. Union, Pennsylvania, SHARON M. HEELER of Sandersville, Pennsylvania, STEPHEN D. BIBLE of Bechtelsville, Pennsylvania and JEFFREY M. SIKLE of Texas, equally, share and share alike. In the event that one or more of my children should not then be living, his or her share shall be distributed to hie or her children, if any, in equal shares, or if none, to my surviving children, in equal shares. c... _ 7 -4- ITEM 6. In addition to the powers conferred by law, the Trustees shall have the following powers: (a) To retain in their absolute discretion and for such period as to them shall seem advisable, any and all assets constituting the Trust Pund, without liability, for any loss incurred by reason of the retention of such assets. (b) To change investments and properties, and to invest and reinvest all or any part of the corpus of the Trust hereby established, in such securities, investments, or other property as to them seems advisable and proper, irrespective of whether the same are authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania. (c) To sell all or part of the property which at any time may constitute a past of the Trust hereby established, at such times, upon such terms, for cash or on credit, with or without security, in such manner and at such prices, either at public or private sale, as to them v ~~ ~ -5- shall seem advisable and proper, and to execute good and sufficient deeds and bills of sale therefor. (d) To lease any property held by them and fix the duration of the term, irrespective of the provisions of any statute or of the termination of the trust; and to mortgage, pledge, collect, convert, redeem, exchange, or otherwise diapoee of any aecuritiee or other property at any time held by them. (e) To borrow money, whether to pay taxes, exercise subscriptions, xighta, and options pay aaeesemente or to accomplish any other purpose of any nature incidental to the administration of the Trust hereby established, and to pledge any aecuritiee or other property held by them as security therefor. (f) To enforce any bonds, mortgages, or other obligations or liens held hereunder; to enter upon such contracts and agreements and to make such compromises or settlements of debts, claims, or controversies ae they may deem necessary or advisable; to submit to arbitration any matter or difference; to vote personally or by proxy any ~ <, '7 , -6- shares of stock which may at any time be held by them hereunder. (g) To consent to the reorganization, consolidation, merger, liquidation, readjustment of or other change in any corporation, company, or association, or to the sale or lease of the property thereof or any part thereof, any of the securities or other property of which may at the time be held by them thereunder, and to do any act or exercise any power with reference thereto that may be legally exercised by any person owning similar property in hie own right, including the exercise of conversion, subscription, purchase or other options, the deposit or exchange of securities, the entrance into voting trusts, and the making of agreements or subscriptions which they may deem necessary or advisable in connection therewith, all without applying to any court for permission eo to do, and to hold, redeem, sell or otherwise dispose of any securities or other property which they may eo acquire, irrespective of whether the same be authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania. _ r 7 ~l ~~~ (h) To cause to be registered in their names as Trustees hereunder, or in the names of those nominees without qualification or description, any securities at any time held in the Trust hereby established. (i) To determine the manner in which the expenses incidental to or connected with the administration of the Trust hereby established shall be apportioned as between income and principal. {j) To carry out agreements made by me during my lifetime, including the consummation of any agreements relating to the capital stock of corporations owned by me at the time of my death, and including the continuation of any partnership of which I may be a member at the time of my death whenever the terms of the partnership agreement obligate my estate or personal representative to continue my interest therein, and to enter into agreements for the rearrangement or alteration of my interests or rights or obligations under any such agreements in effect at the time of my death. (k) To apportion extraordinary and stock dividends received by them between income and principal in such _8_ ~~. manner se they may see fit; provided, however that all rights to aubaeribe to new or additional stock or securities, and all liquidating dividends shall be deemed to be principal. The Truateea may freely act under all or any of the powers of this Agreement given to them in all matters concerning the Trust hereby established, after forming their judgment based upon all the circumstances of any particular situation as to the wisest and best course to pursue, without the necessity of obtaining the consent or approval of any court, and notwithstanding that they may also be acting as an individual, or as trustee of other trusts, or as an agent for other persons or corporations interested in the same matters, or may be interested in connection with the same matters as stockholders, directors or otherwise. The powers herein granted to the Truateea may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and not exclusive of the general powers of trustee pursuant to law, and shall include all powers necessary to carry the same into effect. The enumeration of specific powers herein shall not be construed in any way to limit or affect the general powers herein granted. ITEM 7. The Truateea of the foregoing Trust shall be KATHLEEN M. KUEAL of Mt. Union, Pennsylvania and SHARON M. HEELER of Henderaville, -9- Pennsylvania. in addition to other provisions applicable to trustees generally, the following provisions shall apply to the Trustees: (a) No bond or surety shall be required of the Trustees or of any successor Trustee who shall serve hereunder. (b) The Trustees or any successor Trustee may resign by an instrument in writing. (c) The Trustees or any successor Trustee may appoint any person, firm or corporation, other than the Testator or any firs or corporation in which the Testator has an interest, as aucceeaor Trustee. (d) Any aucceeaor Trustee shall have and may exercise all the rights, powers, duties and diecretions conferred or ispoaed on the Trustee. (e) No one dealing with any Trustee need inquire concerning the validity of anything the Trustee purports to do, or see to the application of any money paid or property transferred to or upon the order of the Trustee. (f) No successor Trustee shall be obliged to examine the accounts and actions of any previous Trustee. -10- (g) xo successor Trustee shall be responsible in any way for any acts or omissions of any previous Trustee. (h) No Trustee shall be liable for any act or omission unless the same be due to that Trustee~e own willful default. (i) In the event of the resignation, death or incapacity of any Trustee, in further event that no successor Trustee has been appointed, then that vacancy shall not be filled and the remaining Trustee shall continue to serve as the only Trustee. (k) The compensation to be paid to and corporate Trustee for its ordinary services ae Trustee shall be at the rates prescribed for similar trust services in its standard compensation schedule in effect at the time of each charging of each compensation, unless it agrees in writing to a different fee arrangement. Any corporate Trustee shall receive reasonable additional compensation for all requested or required extraordinary services. it may deduct the compensation at such time or times and from such sources as it may reasonably determine. Reasonable compensation shall be paid to any individual serving as Trustee, unless the individual waives the right to receive compensation. ITEM 8. whenever and eo often as any beneficiary hereunder to whom payments are herein directed to be made shall be under legal disability or in -11- the sole judgment of my Executors or +truateea shall otherwise be unable to apply such payments to his or her own beet advantage my Executors or Trustees may make all or any portion of such payments in any one or more of the following ways: (a) Directly to such beneficiary. (b) To the legal guardian or conservator of such beneficiary. (c) To a relative of such beneficiary to be expended by such relative for the benefit of such beneficiary. (d) Sy themselves, expending the same for the benefit of such beneficiary. ITEM 9. Sf my wife, LEAH M. SIKLE, and I should die at the same time, or in a common disaster, or under such circumstances that it is difficult or impossible to determine who died first, she shall be deemed to have survived me. ITEM 11. I hereby nominate, constitute and appoint my Wife, LEAH M. BiKLE, as Executrix of my estate. In the event that she ie unable or unwilling to serve in this capacity, x then nominate, constitute and appoint, KATHLEEN A. RUEAL of Mt. Union and SHARON M. NELLER of Bendereville, C i ~. _i~_ Z~-~`~-off 110 LABT WILL AHD TESTAMSRT OF HARRY D. BIRLB I, EARRY D. siKLE, of Silver Springs Township, Cumberland county, Pennsylvania, do make, publish and declare this to be my Last will and Testament, hereby revoking all wills and codicils by me at any time made. ITEM 1. I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by my Executrix out of the property passing under ITEM 5 of this will, as an expense and coat of administration of my estate. My Executrix shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds or insurance or other property not passing under this will. In the absolute discretion of my Executrix, she may pay ouch taxes immediately or may postpone the payment of taxes on future or remainder interests until the time possession thereof accrues to the beneficiaries. ITEM 2. I direct my Executrix to pay the expenses of my last illness and funeral expenses from the property passing under this will as an expense and cost of administration of my estate. ~ f ~~ ,r'" ITEM 3. In the event that my Wife, LEAH M. HIRI,E, euzvives me, I give and bequeath to her absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment. In the event that my wife does not survive me, I make said bequest to my children living at the time of my death to be divided among them as they shall agree. should there be no agreement, each property shall be divided among them by my Executors in as nearly equal portions ae they is their sole discretion deems practical, having due regard to the personal preferences of such children. ITEM 4. In the event that my Wife, LEAH M. HiIa.E, survives me, I give, devise and bequeath to her the smallest amount of the assets of my estate that qualify for the marital deduction as will be sufficient to result in the lowest federal estate tax being imposed upon my estate, after allowing for the unified credit and any other allowable credits and deductions. In d®termining such amount, the values for federal ®atate tax purposes shall control. it is my intention that Chia bequest shall constitute a pecuniary bequest and that it shall not participate in increases and decreases that may occur during the administration of my estate except such increases and decreases as may result from an election to use the alternate valuation date). -2- My Executrix shall have full power and the sole discretion to satisfy this devise and bequest, wholly or partly, in cash or kind and to select the assets that will be conveyed to my wife. All assets so conveyed to my wife shall be valued at the value thereof ae finally determined for federal estate tax purposes; and provided further that my Executrix, in order to implement this devise and bequest, shall distribute to my wife assets, including cash, having an aggregate fair market value at the date or dates of distribution amounting to no lees than the amount of this devise and bequest ae finally determined for federal estate tax purposes; and provided further that there shall not be conveyed to my wife any policy of insurance on the life of my wife, or any asset, or the proceeds of any asset, which will not qualify for the marital deduction. The exercise of the foregoing power and discretion by my Executrix shall not be subject to question by or on behalf of any beneficiary. xn the event that my wife, LEAH M. STELE, predeceaeee me, i give, devise and bequeath all my property ae provided in the succeeding Item of this will. i EM 5. I give, devise and bequeath the residue of my estate, of every nature and wherever situat®, to my Trustee, IN TRUST, for the following uses and purposes: ::~~ ~/ -3- (a) The Trustees shall pay to or expend and apply for the benefit of my Wife, LEAH M. BIBLE, so much of the income and principal as they, in their sole discretion, deems necessary for her proper support, maintenance and welfare, including medical, surgical, hospital or other institutional care, having in mind both the standard of Living to which she has been accustomed and the income available to or for her from other sources. Any income not distributed shall be added to principal. (b) After the death of my wife, or if LEAB M. BIBLE predeceases me, then upon my death, the Trust shall terminate and the Trustees shall distribute the then remaining Trust corpus to my children, KATHLEEN A. KUEHL of Mt. Union, Pennsylvania, SHARON M. HEELER of Bendersville, Pennsylvania, STEPBEN D. BIBLE of Bechtelsville, Pennsylvania and JEFFREY M. BIBLE of Texas, equally, share and share alike. In the event that one or more of my children should not then be living, his or her share shall be distributed to hie or her children, if any, in equal sharee, or if none, to my surviving children, in equal shares. ~~~.~-tit - ~`;- ~~, i ,, ,~ -4- ITEM 6. In addition to the powers conferred by law, the Trustees shall have the following powers: (a) To retain in their absolute discretion and for such period as to them shall seem advisable, any and all asaete constituting the Trust Fund, without liability, for any lose incurred by reason of the retention of such asaete. (b) To change investments and properties, and to invest and reinvest all or any part of the corpus of the Trust hereby established, in such securities, investments, or other property as to them seems advisable and proper, irrespective of whether the same are authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania. (c) To sell all or part of the property which at any time may constitute a part of the Trust hereby established, at ouch times, upon such terms, for cash or on credit, with or without security, in such manner and at such prices, either at public or private sale, se to them _ ~ ~ >. f. ~" i~ -5- shall seem advisable and proper, and to execute good and sufficient deeds and bills of sale therefor. (d) To lease any property held by them and fix the duration of the term, irrespective of the provisions of any statute or of the termination of the trust; and to mortgage, pledge, collect, convert, redeem, exchange, or otherwise dispose of any securities or other property at any time held by them. (e) To borrow money, whether to pay taxes, exercise subscriptions, rights, and options pay aseeeamente or to accomplish any other gurpose of any nature incidental to the administration of the Trust hereby established, and to pledge any securities or other property held by them se security therefor. (f) To enforce any bonds, mortgagee, or other obligations or liens held hereunder; to enter upon such contracts and agreements and to make each compromises or settlements of debts, claims, or controversies ae they may deem necessary or advisable; to submit to arbitration any matter or difference; to vote personally or by proxy any ' „ ~„ ~~ `"~ -6- shares of stock which may at any time be held by them hereunder. (g) To consent to the reorganization, consolidation, merger, liquidation, readjustment of or other change in any corporation, company, or association, or to the sale or lease of the property thereof or any part thereof, any of the securities or other property of which may at the time be held by them thereunder, and to do any act or exercise any power with reference thereto that may be legally exercieed by any person owning similar property 1n hie own right, including the exercise of conversion, subscription, purchase or other options, the deposit or exchange of securities, the entrance into voting trusts, and the making of agreements or subscriptions which they may deem necessary or advisable in connection therewith, all without applying to any court for permission so to do, and to hold, redeem, sell or otherwise dispose of any aecurities or other property which they may eo acquire, irrespective of whether the same be authorized for the investment of trust funds by the laws of the Commonwealth of Pennsylvania. /:'; L~ r ~'' -~- (h) To cause to be registered in their names as Trustees hereunder, or in the names of those nominees without qualification or description, any securities at any time held in the Trust hereby established. (i) To determine the manner in which the expenses incidental to or connected with the administration of the Trust hereby established shall be apportioned as between income and principal. (j) To carry out agreements made by me during my lifetime, including the consummation of any agreements relnting to the capital stock of corporations owned by me at the time of my death, and including the continuation of any partnership of which I may be a member at the time of my death whenever the terms of the partnership agreement obligate my estate or personal representative to continue my interest therein, and to enter into agreements for the rearrangement or alteration of my interests or rights or obligations under any such agreements in effect at the time of my death. (k) To apportion extraordinary and stock dividends received by them between income and principal in ouch I ~ ~ _g_ f?. manner as they say see fit; provided, however that all rights to subscribe to new or additional stock or securities, and all liquidating dividends shall be dewed to be principal. The Trustees may freely act under all or any of the powers of this Agreement given to them in all matters concerning the Trust hereby established, after forming their judgment based upon all the circumstances of any particular situation as to the wisest and best course to pursue, without the necessity of obtaining the consent or approval of any court, and notwithstanding that they may also be acting ae an individual, or ae trustee of other trusts, or ae an agent for other persons or corporations interested in the same matters, or may be interested in connection with the same matters as stockholders, directors or otherwise. The powers herein granted to the Trustees may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary to and not exclusive of the general powers of trustee pursuant to law, and shall include all powers necessary to carry the same into effect. The enumeration of specific powers herein shall not be construed in any way to licit or affect the general powers herein granted. ITEM 7. The Trustees of the foregoing Trust shall be KATHLEEN M. RUEHL of Mt. Union, Pennsylvania and SHARON M. HEELER of eenderaville, ~' i 7 ~~~ ~~7~~ ;_9_ Pennsylvania. in addition to other provisions applicable to trustees generally, the following provisions shall apply to the Trustees: (a) No bond or surety shall be required of the Trustees or of any successor Trustee who shall serve hereunder. (b) The Trustees or any successor Trustee may resign by an instrument in writing. (c) The Trustees or any successor Trustee may appoint any person, firm or corporation, other than the Testator or any firm or corporation in which the Testator has an interest, as successor Trustee. (d) Any successor Trustee shall have and may exercise all the rights, powers, duties and diacretiona conferred or imposed on the Trustee. (e) xo one dealing with any Trustee need inquire concerning the validity of anything the Trustee purports to do, or see to the application of any money paid or property transferred to or upon the order of the Trustee. (f) xo successor Trustee shall be obliged to examine the accounts and actions of any previous Trustee. _lp.. (g) No successor Trustee shall be responsible in any way for any acts or omissions of any previous Tru~tse. (h) No Trustee shall be liable for any act or omission unleea the same be due to that Trustees own willful default. (i) 2n the event of the resignation, death or incapacity of any Trustee, in further event that no successor Trustee has been appointed, then that vacancy shall not ba filled and the remaining Trustee shall continue to serve as the only Trustee. (k) The compensation to be paid to and corporate Trustee for its ordinary services as Trustee shall be at the rates prescribed for similar trust services in its standard compensation schedule in effect at the time of each charging of such compensation, unless it agrees in writing to a different fee arrangement. Any corporate Trustee shall receive reasonable additional compensation for all requested or required extraordinary services. it may deduct the compensation at such time or times and from such sources as it may reasonably determine. Reasonable compensation shall be paid to any individual serving as Trustee, unleea the individual waives the right to receive compensation. ITEM 8. whenever and so often ae any beneficiary hereunder to whom payments are herein directed to be made shall be under legal disability or in -11- the sole judgment of my Executors or Trustees shall otherwise be unable to apply such payments to his or her own best advantage my Executors or Trustees may make all or any portion of such payments in any one or more of the following ways: ~a) nirectly to such beneficiary. fib) To the legal guardian oz conservator of such beneficiary. (c) To a relative of such beneficiary to be expended by such relative for the benefit of such beneficiary. (d) Hy themselves, expanding the same for the benefit of such beneficiary. IT M 9. If my Wife, LEAH M. BIBLE, and I should die at the same time, or in a common disaster, or under such circumstances that it ie difficult or impossible to determine who died first, she shall be deemed to have survived me. ITEM 11. I hereby nominate, constitute and appoint my Wife, LEAH M. HIKLE, as Executrix of my estate. in the event that she is unable or unwilling to serve in this capacity, I then nominate, constitute and appoint, KATHLEEN A. RUEHL of Mt. Union and SHARON M. HEELER of eenderevill6, ~ `~ i /,., -12- Pennsylvania, as Executrixes of my estate. In the event that either is unable or unwilling to serve in this capacity, I then nominate, constitute and appoint the survivor as sole Executrix of my estate. In addition to the powers conferred by law, my Executors shall have the same powers granted to my Trustees in ITEM 6 above. My Executors and Truateee are specifically relieved from the duty or obligation of filing any bond or bonds. IN WITNESS WHEREOF, I have hereunto set my hand and seal to thin my ~t ~~ Last Will and Testament, thin .3 day of 'a' s=-c. , A.D., 1995. i//~~ ~ J/ /~. ."Z(y ~ ~.Y~~ (SEAL) Ha D. Bikle residing at t~~~ Gz,~,~ WITNESS: n,a ~ c . „ ~ 1~}~~ `~.a,J: '.-1'n residing at ~CZ ~"k-c-~.ca~.'c~tj T C~ ~V .R ) > o ~ ~ V -13- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. We, BARRY D BIBLE, f~ c' i ~ {~r l.-~ ~ ~J UT~.. ~ ~ and ~ftR-u~,~£ M ~1-vL~ LK 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 hie Last will and that he had signed willingly (or willingly directed another to sign for him and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witneaaea, in the presence and hearing of the Testator, signed the Will se witness and that to the beat of their knowledge, the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Subscribed, sworn to and acknowledged before me by HARRY D. BIBLE, th~ Te~tator,?~and subscribed and sw rn to before me by Jam. ?Ri:~ .ll. ~:rrt.~~ and ~-A~t~rJ E h~. ~iiLiL'JL , the witnesses, this 3 day of may , 1995. l.r~.4.c~ . , ~X._,'~7~. AM ~~ tarty Public My COmmia9l.On Expires: NOTARIAL SEAL CHERYL L SMI7H. Notary Public Harrisburg, Dauphin County My Commission Expires April 8. 1996 M i witness COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF DAUPHIN ) We, HARRY D ]3IRLE, '~ c7/, f1 l~ ~ ~ l.1Tl. ~ F and ~J{(z ~r„)$ /N GuC.~c4C , 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 that he had signed willingly (or willingly directed another to sign for his) and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the beat of their knowledge, the Teetator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Subscribed, sworn to and acknowledged before me by HARRY D. HiRLE, the Teetator, andp~ub~cribed and aw rn to before me ~by ~~fF(..}~ ~_ .PU'TC.£12 and ~~1.£rJ~ ~.1.-UG~~~ , the witnesses, this 3 ~ of mAy _, 1995. v h ~ : J/~. tary Public My Commies ion Expires: NOTARIAL SEAL CHERYL L. SMITH. Notary Public Harrisburg, Dauphin County My Commission Expires April 6. 7996 Witness