Loading...
HomeMy WebLinkAbout1-12-10 (3).~ ~' PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of also known as Emerson F Fackler COUNTY, PENNSYLVANIA File Number 21-- ~(~"df7Z~ ,Deceased Social Security Number 206-10-8166 Terry E Fackler Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or `8' BELOW.) QX A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the p~Rso~ named in the last Will of the Decedent, dated 12/22/2004 and codicil(s) dated Renunciation of Margaret Fay Fackler as personal representative dated 1/7/2010 State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: _- B. Grant of Letters of Administration app~ca e, en er c..a.; .n.c..a.; en e ~ e; uran e a sen ia; uran a moron a e Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c. t. a. or d. b. n. c. t. a., enter date of ill in Section A above and complete list of heirs.) Display heirs for Section "A" (Probate) Name Relationship Residence ~~~~ ~ ... ~ a~ i. ~ ~ ` 0. ~ ~ ~ ~ 1 _, _.. . __ <,w - N ; (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. ~'~~ ~ ~ -~" :; . _ , `~ ~? ~...: ;~. r Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal res~en~e at •• ~ ~ .- ___ 8 Red Bud Drive, Mechanicsburg, Silver Springs Township, Cumberland, PA 17050 w .' ~ (List street address, town/city, township, county, state, zip code) Decedent, then 94 years of age, died on 12/25/2009 at Holy Spirit Hospital, Camp Hill, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: 1,000,000.00 Wherefore{ Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Terry E Fackler 1609 Main Street ~~/~'' Lisburn, PA 17055 Form rcev. iu-i:t-[uub Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 .Ir " Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF Cumberland } The Petitioner(s) above-named swear(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 this ~~ day of ~~ For the Register C racKier Signature of Personal Representative Signature of Personal Representative File Number: 21-- ~U"C7p Estate of Emerson F Fackler ,Deceased Social Security Number: 206-10-8166 Date of Death: 12/25/2009 AND NOW, , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT CREED tha Letters Testamentary are hereby granted to Terry E Fackler ~, -~: ~ in the~bcve esta~n'i' and that the instrument(s) dated 12/22/2004 ~~_~~ ~ ~ - _ _ -'. °~;---T~' , described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~`- ~ r-- :~'' ~ _ ~-' ~ - --- ~.~ 1. ` ~ 4.'. r ~. „i FEES ~ C~ ~ . ~% ""'.~, . ... Letters .......................................... r // ..$ [~ (P~ W ~ -^ Short Certificate(s) ........................ $ ~ ~ () ~ ~' '" egister o lls , Renunciation(s) ............................ . $ ~- d p Attorney Signature: $ ~~ . ~~ Attorney Name: Zane G Ra Ilff $ ~vV Supreme Court I.D. No.: 32112 $ Diane G. Radcliff, Esquire $ Address: 3448 Trindle Road $ $ Camp Hill, PA 17011 $ Telephone: (717) 737-0100 $ $ TOTAL .................................... $ d d i Form RW OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 2 ~- ~ o ~ ck~z~ REGISTER OF WILLS OF Estate of Emerson F Fackler RENUNCIATION CUMBERLAND ~ COUNTY, PENNSYLVANIA Deceased l~ Margaret Fay Fackler in my capacity/relationship as (Print Name) Personal Representative of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters~be issued to Terry E. Fackler /rr'rizv /v (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills Form RW-06 Rey. ~o-~s-loos .-~ ~-~.~ (Signature) rgaret Fay ackler 8 Red Bud Drive ~,,, (Street Address) ,,,~, C © c, __ Mechanicsburg, PA 1.7050 ~:~ ; ~ n ~""' ~ ~ ~ ~ ;_-; (City, State, Zip) ,.,_,. W - -~ .~ ~ ._ , , i~ ~ r. r ~ ~..... '^~ ~ t -~e-~ ,~% Executed out of Register's Office w ~-'~~ Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purp ses stated within on this day o ~D/~ . Notary Public My Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.LL COMMONWEALTH OF PENNSYL~/ANIA Notarial Seal Deborah L Donley, Notary Public Camp HiN Bono, Ctxnberland County My Commission Expires Sept. 23, 2011 Member, Pennsylvania AssoGstion of Notaries Copyright (c) 2006 form software only The Lackner Group, Inc. OCAL 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 permanent .Filing. P x16030350 Certification Number ~ ~ ~ Local Registrar Date Issued Ht05-t13 REV tt/zaos COAAMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE / PRq/T q4 F&~AW4Eq+NT CERTIFICATE OF DEATH (See Instructions and aYamnlw,e en rwvnrml ~~ C"~ ~~ Q r cal ._ ... `_.:.:} i - +-r~ = -~ _ m ~.~, ~ ~ ~ _ W7 „ y z~ ~ ~._ ~~ ~; . r~;l .~ :.) ) __ t ::.:.1 ~--~ r~ t -~ 3C, ,_ _ • ~ ~ ~,'~ rJ , ~ N arnrr: tar: nunroen t. Name a DecedwN (First. rttiddb, last, aught) 2. Sex 3. Sodal Sxugy Norther 4. Dais d Dwm (Mortar. my, Year) Emerson F Fackler . Male 206 - 10-8166 12 25 2 0 s. Aga (lap BiMtday) UrMer 1 ew Under t m 6. Dale d Binh Mortar, m . 7. and atre « !a. Plea d Dsem aw 9 4 '"a'"` oay< t,ar, tAirw4e Hoapgal: om.r: Yra. 1 1 / 4 / 1 91 5 Swatara map. , PA O ER / auppiwd ^ DDA ^ Nom. O Rwidwra ^ Aerw . Svu-r ' 8b. County d Dean 6c. Cgyy, Bono, Twp. a Deem 8d. FacrAy Nwne (q rat titstikAfan, giw sleep aryl rantbw) a. was Decadwtl a ~~ C~ No ^ Y« 10. Reoe: Amwk;rt rt6.rt, eadr, wNr. Mc. ~ Iq yes, spady Cuban, • Cumberland East Pennsboro Hot S irit Hos i '"'~°^' ~'""° ~n~ ~- W~ite • t t. DaOedea's Uswl tlon Kind d wale done mass d Me. Do nd stale refired 12. Was Oeadwr awr in qN 13. DeOemrtYs Educagm IaD•~Y ~Y Ai9D•p 9~ conWMtd) 11. Mwgel St^bn: Mamwl, Never Mwried, 15. Surviving Sparse (q wqa, air• mwwt rwrre) KxdaWork KindaBusiness/ktdustry U.S. Anted Faas? Eb„bn~ / (p,t2) Cdlepe (1.1 «Sr) ' Div«ud (~`Y) Ph sician Medical K7 Y ^ ea Ne 5+ Married dr t ' • 16 Decedea s Mailing Addreaa (sueel city, town, stale, rip code) oecederu's Peilil5ylvania a e i°e; d"p Silver Springs 8 Red Bud Drive '~'"~ Resiawxs „a state 17c. ®Yes lmcedwa l ivedn ' , . Twp. ~"~' PA 17050 17b Cotxtty C'.ylllberlaIld Towrtshrp9 1d. ^ Mechanics , ~,/ego AduWl t6. famers Name (First, middle, last, suKx) 19. Monett Name (First, midde, maiden sumarne) Flo d r n F Ida Farver 20a. ktlonnarr't Name (Type !Print) Margaret Fackler 20b. kdarrrartrs Aaer.:<( ~ ~ ~' ~~ ~° ~) 8 Red Bud Drive ME:chanicsbur PA 17050 • 21 a Method d Disposition r t ~7 Gam ^ ~t~ ~f! ^ B w ^ R f ~ 21b. Da4 d Dispoeigm,Mardh, my, year) 210. Plaoe a Dkpoaion (Name a c•"~Y, ~«~«Y «~ P~•r z1a ~oa8on (Cgy/bwn. orate. rip code) ur emoval ran State was Crwnauon « oonatbn Atrlhalrad ^ Omer - ~ by Medbal Exrntirer/Coroner? Yea^ No 12 29 09 ~~ CrematiOri Service I,eOla, PA 17540 22a. Signal a Funeral Service l.icer>see~, ,la~ rson~~edup as such) !~/ e: ~ 22b. Ucwree Number ~- o~ 22c. Name eM Addrws al FecWy mil l Funeral Home, InC • ~ ,a~ ~-- zisz 3401 Market St. Cam Hill PA 17011 Complete dams 23at when certityinp physician is na available p tme a mom b 23a. Tome d death occurred p me Drrw dent . (Sigrwbre and Ytle) ~ ~ 23b. Number ` Dace Siprred ( . my, yew) ' ~ angy route d mom yru,,` ~ / 5 a l ~ o ~ L e c r2,4~1r ~ s •~GO ~ dams 24.26 mop m canpleled DY person ' wta pronounces deem 2/. tans d Deem ~ Q '~ P 26. Date Proratnced Dead Monet, m ( Y. Y•w) ~ ~ S T6. Was Cass b MWial Examrwr /Coroner lea a Reagan Omw man GemetioA « Dorwtion4 , . • M. ,~/ C eM ~' ,,~ ,~~~ 9 ^ Yes No ' '~ CAUSE OF DEATH (Sas Instrtrctbns and •xemptea) r Approximate nlerval: Item 27 Part I: Enter the cram d evenu -diseases, iryuries. « oompications • mat drectly caused me deem, DO NOT erdw termirrp evens such as cardac anep, ~ tfiset b Dewh PaA q: ErtNr ogtw but net reautiag n qr uMplylrg cause given n Pan L 2a. Did obrooo Use Catlribula b Deam9 ^ Ya ^ P D a respiratory anesl a ventricular libriaatbn wimoW showing me etiobgy list Doty one cause on each IIrN. r y ro a ^ ^ DIATE CAUSE Foal disease w r ~€ No llrtkrawvr resulYp h ~am) i ~ d ~I P ~ 29. q Fantle: _~ a /J A G 1 Ct, ^ Due ( ae a rve :. i ~~ Not W9n+rr wiqun P~ Y••r ^ ylist con6tiom, d an , y Y D. ~ /t Ilr~l ~ i b qw cause fisted on tine a. Praptwa at time d aeon ^ ptp b (« as a r Enwr UNDERLYWG CAUSE consequence a): t pragrwN, but pre{,wa wimin 42 m Nd Ys evw~itsnrawaup~ n d~eawj usTW c ~ a mW ^ Due b for u a calsequence oQ: ~ tt,t prprwrr. but pegnarN 13 mya b 1 year • d t t Delore deem ^ Urtkrawn q pregrraa wtarr ew pep ter 30a. Was an Aubpsy Pedortrwd7 30b. Were Autopsy Firtdngs Avaaable Prior b Canplelbn 31. Maurer d Deam 32a. Date d Injury (Month, my, yaw) 32b. Deealbe How kMorY Occurred 32c. Place d Mytay Hans, Farm, Seep, Faaory, d Cauca d Deamt Natural ^ tiorrridde Ogia ~, eb. (~yyy/ ^ Yas .CJ No ^ Yes ^ No ^ ~idenl ^ PenOing Inveatpeual ~ Time d Injury 32e. bury w Wark4 32f, q TrartsportaYOn buury (Spaci/y) 32a. Location a ayury (SSSp, cdy / bwn, sWa) ^ Sukim ^ Could Not Da Determined M ^ Yes ^ No ^ Driver/Operator ^ Passenger ^ Pedeatifan Omer - Speay: 33a. Certilwr (dudr oNy orw) 33b. Siprteture and Tple d Certllymg phypclen (Physician cwtifymg cause d dean when anomer physician nos praaurxed mom and complped Item 23) r / To tM Deer d my knowNdpe, death oaurred dw to the ause(s) and nraruNr n stped _ _ _ _ _ _ _ _ - - - - - - - - - - - - -' - - - - - - - - - ~ • W onouneMg and aNlyirg physklan (Physician bum pronouncwg mom and eer6lYi^a to cause of deem) ' To IM Dest a mY knowledge, mph occurrod w tM time, mt., and pkce, and aw b me awe(s) and m.nrtw as awed_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ 33C Laenw Nurppa ~ ~ ~ ~ ~ ~ M 1 \ 33a. ppe Signed' day 2 Q • WdiW ExeminwlC«orrw ` f Q L On qre bash a eaaminatbn and / « Inwpigatbn, m my optaon, deem occurred u ute Ume, daq, and plea, and due to the auee(s) and mwrnr a etped. ^ 31. and Address d Parwn Who CampleMd Cause d oeadr (Item 2~ Type /Pant a .and DwF ld M h m t'ARSN/~a S~,P.gHP,~l11RH ~-vtb ld~ I ~ •1 ~ I ~. I e~J . i ( ae , Y.Y•w) > , ~03 ~ J ~ ~ ~ - _ , / • t T. C i9w- f¢i !( l '4 !? o 0 DisPosaion Permit No. D--- ~~[~ / ~ . z / /v-oozy LAST WILL AND TESTAMENT OF EMERSON F. FACKLER BE IT REMEMBERED, that I, EMERSpht F. FACKLER of Mechaniesburg, Penns lvania bein of sound mind, memory and understandin do make y g g, ,publish and declare this as and for my Last Will and Testament, hereby revoking and making null and void any and all Wills and Testaments and writings in the nature thereof by me, at anytime heretofore made. ARTICLE ®1. BACKGRC3UND tNF®RMATitJN: The following is background information ertainin to myself and my family: P g A. I was born on November ~, 1915. B. My social security number is 206.10.816b . Cr3 _,j C. I am married to Margaret Fay Fackler ~ ~ n ~ ~ 7 _ =' . p r-- D. f have three {3) children: `~ `" U7 ~~= -- '=; ~ ~. ,.=.~ =- , ~ ~' ; , : : ~ 1. Ter E. '~ ry rackler, born on April 26, 1942; ~~ ~ .~ --~ . ~, ~ : - ,;.r.~t .__ •• ', , -~ t ~ ~, 2• Kim F. Fackter, born on February 27, 1949; w 3. Valerie F. Gsell, born on April 18, 1952. E. I have five {5) grandchildren: Jeffrey Fackler; Shari Capriola• Austin Fa Gsell; and Adam Gsell. ckter; Jodi ARTICLE 42. DEFINITiGNS AND MtSCELLANEi~t1S TERMS: The followin definitio shalt apply to this my Last Will and Testament: g ns and terms A. M 1~IVit_l: The term "my Yllitt" as used in this my Last Will and Testament s this my Last Wilt and Testament, hall mean B• S e+u e: The term "my Spouse=' as used in my Will means m s o 1 above, if any. Y P use listed in Article C• M..~ Chit. dr~en_: The term "my Chfld" or "my Children" as the child/children listed in Article 1 above, if an and used in my Will includes and/or born after the execution of my Will. y~ r any children of mine adopted adoption shall be treated the same as a relation elationship by or through legal of suceession to property under m Will, ship by ®r through blood for purposes Y Inatials. ~ Page 1 d. M~Grandchildren: The term "my Grandchild" or "my Grandchildren" as used in my Will includes the grandchildren listed in Article 1 above, if any, and any grandchildren of mine adopted by or born to my Children after the execution of my Will. A relationship by or through legal adoption shall be treated the same as a relationship by or through blood for purposes of succession to property under my Will. E. Issu The terms "issue" as used in my Will means the immediate and remote lawful, lineal descendants by blood or adoption of the person referred to, who are in being at the time they must be ascertained in Grder to give effect to the reference to them. F. Personal Representative: The term "my Personal Representative" as used in my Will means the Executor or Executrix of my Estate, or any other title of like import which is used to describe such a fiduciary. G. Trus ee: The term "my Trustee" as used in my Will shall mean the Trustee of any trust created in my Will. H. Guardian of Minor's Property: The term " my Guardian of Minor's Property" as used in my Will shall mean the Guardian over any property which passes either under my Will or otherwise to any beneficiary who is then a minor, which guardian shall act as the guardian of the minor children's property during minority. I. Guardian of My Minor Children's. Person; The term "Guardian of my Minor Children's Person" as used in my Will shall mean the guardian of the person of any of my Children who are minors upon my death, which guardian shall act as my minor Child/Children's guardian during her minority. J. My Estate: The term "my Estate" as used in my Will means all property of whatsoever nature and wheresoever situate, whether it be real, personal or mixed, including any insurance policies therefor, property over which I have power of appointment, and proceeds from any insurance policies payable to my Estate in which i have an interest upon my death and which is to be distributed to a beneficiary under the law pursuant.. to the terms of my Will or as the result of intestacy. K. Residuary Estate: The term "my Residuary Estate" as used in my Will means all the rest, residue and remainder of my Estate remaining after payment of all of my last debts, funeral expenses taxes and administration expenses and any other expense, or expenditure required to be made as the result of my death and after distribution of the Tangible Personal Property and any special bequests specifically set forth herein. L. Per Stirues: The term "per stirpes" as used in my Will means that whenever a distribution is to be made to the issue or descendants of any person, the property to be distributed shall be divided into as many shares as there are (1) living children of the person, and (2) deceased children, who left descendants who are living, of the person. Each living child, if any, shall take one share and the share of each deceased child shalt be divided amongst his then living descendants in the same manner. Initials: ~~~ Page 2 M. Per Ca®ita: The term "per capita" as used in my Will means that whenev d~str~but~on is to be made to a person, the property to be distributed to that arson shall be d~str~buted only if that person survives me. Lf that person has not survved me, the distribution to that person shall lapse and be deemed void. N. Survival: The term "survive me", or any derivative thereof, as used in m W' means that any person or organization herein named or referred to shall be Y ~U to .have survived me only if such person or organization shall in fact deemed a period of at least thin 3o da s. An survive me for Y ( ) Y y person or organization named or referred to herein who shalt not survive me by a period of thirty (30) days shall be deemed to have died before I do. ~. Gender and Nur7tber: Where appropriate to the context, pronouns or other terms expressed in one number or gender shall be deemed to include the other number or gender, as the Case may be. P. Percentages: Where a gift, bequest or devise is expressed as a percents a in the following Articles, it refers to the percentage of that portion of m rosgs est available for distribution unless a Contra intention a Y g ate rY ppears in the Article. ~• Pr°i~: Priority for distribution of the gifts and bequests herein made shall fallow the Article number with the lower numbered Article taking priority over any Article appearing subsequently unless a contrary intention appears in the Article. R. EneurnbranCe: When encumbered property has been specifically devised ar bequeathed, it shall pass under the terms and Conditions of this Will subject to said encumbrances, provided however, that any installment payments, Current or past due, on either principal or interest on such encumbrances may be paid by my Personal Representative in his/her sole discretion. 5. Partial Invalidity: If any provision of this Will shall be declared inoperative or in violation of any rule of law, such invalidity shall not affect the remaining provisions of this Will and they shalt remain in full force and effect, ARTICLE 0~. _BURIAL ANt~ FUNERAL INSTRUCTIt~NS: I direct that i be buried or cremated and that my remains be interned or disposed of as my next of kin may deem appropriate. ARTICLE 04. I~ERTS AND i='UNERAL EXPENSES: I direct that all my just debts and funeral expenses appropriate to my station in life and custom of living (including appropriate monument or marker for my grave) be paid as soon after my demise as may be Convenient. ARTICLE ®5. AD-NIINISTRATION EXI~ENSES: !direct that alt of the expenses of the admimstrat~on of my Estate including, but not limited to, probate and other Cdurt fees and reasonable commission for my Persona! Representative and any attorney retained b m Personal Representative, be paid as such. expenses are incurred and as soon after m demise as may be convenient. y ARTICLE ob. P!AYAAENT ®F TAXES: !direct my Personal Representative to pay all inheritance estate, succession and legacy taxes of whatsoever nature and kind, to which my Estate or any person rece~v~ng the transfer of any property passing hereunder or otherwise passing by reason Initiais; ~ Page ~ of my demise, may be subject and to charge such taxes against my Residuary Estate, it being my intention that none of the aforesaid taxes, either federal or state, or any property required to be included in my gross estate, under the provisions of any state or federal law now in force or hereafter enacted, shall be prorated among the persons interested in my .Estate to whom such property is or may be transferred or to whom any benefit accrues. ARTIGLE ®7. TANGIBLE PERSONAL PROPERTY: 1 give and bequeath all tangible personal property owned by me at my death and all insurance policies on such property as follows: A. Jointly ~r+vned Pr®p~: The articles of household that are owned jointly by my spouse and myself are owned by the two of us as tenants by the entireties and 1 therefore make no disposition of the same upon my death as my spouse will be the sole owner thereof by operation of law, if my spouse survives me. The balance of my tangible personal property shall be distributed as provided in subparagraphs {b} and (c} of this Article. ~. Memorandum: To those individuals who survive me and who are designated on a list or memorandum signed by me which refers to this will or is found with a copy thereof, I give and bequeath the articles listed beside their names, unless and to the extent said listed articles are to be distributed to my spouse pursuant to the provisions of subparagraph {a} of this Article. C. Remainder ~istributi®n: The balance (including any articles under subparagraphs (a} and (b} above the bequest of which has lapsed} shall be distributed to my Spouse, Margaret Fay Fackler, provided my Spouse survives me. If my Spouse fails to survive me, said remaining articles of personalty shall be distributed to my children, Terry E, Fackler, Valerie F. Gsell, and Kim F. Fackler, in equal shares, per capita. In the event none of my ehildren have survived me, said remaining articles of personalty shall be distributed to my Grandchildren, in equal shares, per stirpes. D. Manner ®f ®istribution: My Personal Representative shall have the right to dispose of said remaining articles of personalty, pursuant to the provisions of subparagraph (c} of this Article either in kind or in cash as a result of liquidation thereof as my Personal Representative, in my Personal Representative's sole discretion, deems appropriate under the circumstances. It is my intent, however, that should any beneficiary of my residuary estate desire to receive a particular article in kind which was not specifically bequeathed to that beneficiary, to the extent reasonably possible, my Personal Representative shall attempt, but not be obligated, to follow that beneficiary's request. E. Safekeepinu: If any beneficiary of any article of tangible personal property aforesaid has not yet attained the age of twenty one (21) at the time of my death, I order and direct that my Trustee, hereinafter named, to hold said articles in safekeeping for that beneficiary and to deliver the same to that beneficiary upon he or she reaching age twenty one (2~ } or at such earlier age if my Personal Representative deems the beneficiary to be of appropriate age and maturity to receive said articles of personalty. For these purposes my Personal Representative shall be entitled to use or set aside from my estate sufficient funds to provide for that safekeeping. Initials: ~~~ Page 4 ARTICLE 08. SPECIAL ESE VESTS: I make the following special bequest in this Will in addition to those to be made pursuant to Article 07 herein. A. Special bequest to Terrv E. Fa~tcter: I give and bequeath the sum of $20,000.00 to my Child, Terry E. Fackler, provided that both he and my spouse survive me. ~. S®ecial bequest to Kim F. 1=ackter: !give and bequeath the sum of $20,000.00 to my Child, Kim F. Fackler, provided that both he and my spouse survive me. C. Special I~eque~st t_® Valerie F. Gsett: 1 give and bequeath the sum of $20,000.00 to my Child, Valerie F. Gsell, provided that both she and my spouse survive me. ®. Soeeiat bequest t® Grandchildren: I give and bequeath the sum of $10,000.00 to each of my Grandchildren: Jeffrey Fackler; Shari Capriole; Justin Fackler; Jodi Gsell; end Adam Gsell, or such of them who survive me. ARTICLE 09. FA~KLER UNIFIED CREDIT TRUST: If my Spouse, AAargaret Fay Fackler, survives me, I gwe, devise and bequeath unto my hereinafter named Trustee, as Trustee of the Trust designated the "Fackler Unified Credit Trust", upon the terms hereinafter more fully set forth so murk of the rest, residue and remainder of my estate, after the payment of all debts expenses and death taxes, (including all failed and lapsed legacies but excluding any propert over which I may now or hereafter have a power of appointment) as will pass free of Feder Estate Tax solely by virtue of the unified credit against such tax under Section 2010 of the Internal Revenue Code of 1986 as amended (hereinafter "Unified Credit" and IRC or the equivalent thereto in effect at the date of my death, which is allowable tom extent that said unified credit is not Consumed by non-residua transfers. y estate, to the AAy Trustee shall distribute the income and principal of the Fackler Unified Credit Trust follows: as A. Priori at Distribution to S pose: Trustee shall pay unto my Spouse filar aret F Fackler, such amounts as my Spouse may at any time request in writing n ay exceed in any one calendar year, on a noncumulative basis, the rester of e ~ of to sum of Five Thousand and 001100 Dollars ($5,000,00 or Five Per Cher the principal of the Fackler Unified Credit Trust v } cent (5~) of the , slued as ofi the first withdrawal for a given year. B. ~ncarne Distribution to Spot; Unlit the death of my Spouse, m Trustee the income of the Fackler Unified Credit Trust in re afar installme shall pay quarter-annually, to my Spouse or for my Spouse's benefi nts, and at least t. C. Discretionary Princi®at Distribution to Spouse: In Trustee's sole and discretion, Trustee may expend money from the principal, even to eXUnrontrolled behalf of my Spouse, without liability to any remainderm heust~on, on purposes: an, for the fotlovv~ng 1 • Funeral Expenses: For my Spouse's funeral expenses, inrludin a s ' proper grave marker, if, in Trustee's sole opinion, my S Dose's se uitabte and ~s ~nsuffirient, to pay for said expenses, P pirate estate Initials: ~~ Page 5 2. Sup,...~Ort and Main~enanee; For my Spouse's Comfortable support and maintenance in my Spouse's customary station in life measured as of the time of my death if, in Trustee's sole opinion after considering all resources available to my Spouse, my Spouse's income from other sources or funds subject to my Spouse's withdrawal are insufficient to provide my Spouse with the same. D. Distribution upon Death of Spouse: Following the death of my Spouse, my Trustee shall distribute the remaining principal and any undistributed income of the Fackler Unified Credit Trust to my Children, Terry E, Fackler, Valerie F. Gsell and Kim F. Fackler, or their issue, in equal shares per stirpes. ARTICLE 10; RESIDUARY ESTATE DISTRl~UTloN: If my Spouse, Margaret Fay Fackler, survives me, I give, devise and bequeath all the rest and remainder of my estate outright to my Spouse free of all trusts. In the event my Spouse does not survive me, the assets shall be distributed in accordance with the provisions set forth in Article 11 (Alternative Residuary Estate Distribution) herein. Furthermore if my Spouse disclaims all or any part of my Spouse's interest in this residuary gift, such disclaimed property shall be distributed in accordance with the provisions of Article 11 {Alternative Residuary Estate ®istribution) herein. ARTICLE 11. ALTERNATIVE RESIDUARY ESTATE DISTRI~U°Tlt?N; Should my Spouse, Margaret Fay Fackler, fail to survive me, any bequest for my Spouse herein provided shalt lapse, then and in that event, I give, devise and bequeath all the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, to my children, Terry E. Fackler, Valerie F. Gsell and Kim F. Fackler, or their issue, in equal shares per stirpes. ARTICLE 12. TRUST F®R EENEFICIRAIES UNDER AGE 21: In the event any beneficiary herein has not yet reached the age of twenty one (21) upon becoming entitled to a share of my Estate, his or her share shall be held by my Trustee for the following uses and purposes and subject to the following terms and conditions: A. Name of Trust; The Trust shall be known as the Fackler Family Trust. E. Separate A~eount; I direst my Trustee to maintain a separate account for each beneficiary for the property bequeathed and devised to that beneficiary. C. Management and Distributions: My Trustee shall have, hold, manage, invest and reinvest the principal of each beneficiary's share of the Fackler Family Trust, and during the continued existence of the Fackler Fatuity Trust, pay to or for each beneficiary's benefit, alt of the net income and so much of the principal of the beneficiary's share of the Fackler Family Trust as, my Trustee, in his/her sole discretion, may deem necessary, proper and/or appropriate to maintain the beneficiary in the proper station in life including, but not Limited by way of specification, payment of expenses for proper support, maintenance, housing, room and board, education, taxes, medical, hospital, dental, optical, and psychological/psychiatric ears. Any unused income shall be accumulated. D. Post His~h School Distributions~Post See®~rv Education; In the event a beneficiary should desire to continue his/her education ones helshe graduates from high school, my Trustee shall use so much of the unpaid accumulated income and so Initials: ~~ Page 6 much of the principal of the beneficiary's share of the Fackler Family Trust to pay any and all expenses to continue his/her education. These expenses may include, but are not limited to, tuition charges for college, university, post graduate school or post-secondary vocational or technical training and trade schools. Trustee shall also pay all expenses which the Trustee deems necessary and desirable in connection therewith including, by way of illustration, room and board, clothing, travel expenses, books and supplies, and reasonable sums for personal and other living expenses. E. p®st He~h 5choa-t ~istribut~No Edueat_: in the event a beneficiary does not wish to continue his/her education upon his/her graduation from high school, or in the event a beneficiary does not graduate from high school, or in the event a beneficiary does not complete his/her post-highschool education, my Trustee, in his/her sole discretion, may, but shall not be obligated to, use the income and principal from the beneficiary's share of the Fackler Family Trust for the purposes set forth in Paragraph ~. of this Article. F. Distribute®n Amount-ether Considerate®ns: The amount to be paid for the benefit of the beneficiary from the Fackler Family Trust shall be determined by my Trustee, in his/her sole discretion, and from time to time, after consideration of the beneficiary's needs, other income and assets, including any income payable for the benefit of the beneficiary from other sources, including but not limited to, other trusts, soda! security benefits andlor other governmental benefits. G. ®istribute®n-Person or Institutions The payments to be made from the Fackler Family Trust may be made, as my Trustee deems appropriate, directly to the beneficiary if the beneficiary is, in the sole opinion of my Trustee, of an age and ability to handle the funds so paid, or directly to the person having custody and care of the beneficiaryr or directly to any institution entitled to such payment by reason of services rendered or to be rendered to the beneficiary. H. Termination of Trust and Final t}estribu~tion: when the beneficiary reaches age twenty one (21 ), the then remaining assets, principal and any accumulated or undistributed income of the beneficiary's share of the Fackler Family Trust shall be distributed to the .beneficiary outright and absolutely. I. Immediate Distribution: If, at the establishment of the Fackler Family Trust, a beneficiary has already attained an age at which a distribution would have been made, the portion of the Fackler Family Trust which would have been distributed at such prior age shall be paid to him/her immediately. J. Terminate®n of Trust due to 1?eath of ~enefee~ry Eefore Final distribute®n: If the benefac~ary should die before final distribution the beneficiary's share of Fackler Family Trust, then the beneficiary's share of Fackler Family Trust shall be distributed to the issue of that deceased beneficiary in equal shares per stapes, and if none, then amangst the then surviving beneficiaries of my Residuary Estate and in the proportions herein provided, subject to the terms and conditions of the Fackler Family Trust, if then applicable. Initials: ~~ ~ page ~` K. No Alienation: No part of the income or principal of the property held under the Fackler Family Trust shall be subject to attachment, levy or seizure by any creditor, spouse, assignee, trustee or receiver in bankruptcy of any beneficiary prior tohis/her actual receipt thereof. My Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation, alienation, assignment, attachment, and pledge, and without regard to any claim thereto or any attempted levy, attachment, seizure or other process against the beneficiary. L. Termination of Trust due to Site: Should the principal of the Fackler Family Trust herein provided for be or become too small in my Trustee's discretion so as to make establishment or continuance of the Fackler Family 1-rust inadvisable, my Trustee or Personal Representative may make immediate distribution of the then-remaining assets, principal and any accumulated or undistributed income outright to the person or persons and in the proportions they are entitled, and if any such person is a minor then to the guardian of the Person of that minor beneficiary. M. Rule ainst Perpetuities: In the event that any proposed distribution hereunder shall violate any rule against perpetuities or rule against accumulations my Trustee is directed to cause a sooner termination of the Fackler Family Trust and to make distribution as specified above in such shorter period that will not violate any such rule or law, any other provisions in my Will to the contrary not withstanding. ARTICLE 9 3. ALLC-GATI®N: In dividing the residue of my estate in the shares set forth herein, my Personal Representative shall allocate and designate the assets between the shares, and, ~n doing so, shall be guided by an equitable consideration of the relative interests of alt parties in interest. Each article of property or interest in property distributed in kind shall be valued at the date or dates of distribution or in the value determined therefor in the Federal Estate Tax proceedings in my estate, whichever value shall be lower, provided, however, that any property or interest in property (or the proceeds of sale or other disposition thereof in respect of which the marital deduction is not allowable for Federal Estate Tax purposes shall be allocated to the Fackler Unified Credit Trust, until that share has been fully bonded to the value above established; any remaining non-qualifying property shall be allocated to the share for my Spouse. ARTICLE 14. IPICAPACITATE® FERS~NS: If any share of my estate or any share of my Estate shall be payable to a person who shall be incapacitated for any reason, and which share is not subject to any Trust herein created, Trustee shall hold that share and income derived therefrom during the incapacity and shall be entitled to apply such income and principal to the health, maintenance or education of such person during the incapacity without the appointment of any guardian, or committee or any authority of Court. Trustee shall be entitled to make direct application or to make application by payment of income and principal to the person ~n charge of the incapacitated parson, or to his or her guardian. Any remaining income and principal shall be paid and distributed to such person open the termination of the ~ncapac~ty. ARTICLE 15. GUARDIAN eF ESTATE ~F MINC7R ~ENEI~ 1CIARIES: If, for any reason, a uardian over the estate of a beneficiary or beneficiaries is needed or required, my Trustee shall be th guardian of the estate of such beneficiary or beneficiaries, including any life insurance initials: Page 8 proceeds payable to a minor beneficiary, with the same rights, powers, privileges, duties and responsibilities as !have given Trustee as Trustee. ARTICLE 16. APP®tNTN1ENT ®F TRUSTEE: f appoint Terry E. Fackler, Valerie F. C~sell and Kim F. Fackler, or the survivor of them, as C®-Trustees of any Trust created by this my Last Will and Testament. ARTICLE 17. APP®tNT'AAENT ~F PERSfJNAL REPRESENTATIVE: t appoint my Spouse, Margaret Fay Fackler, as the Personal Representative of my estate under this my Last Wilt and Testament. Should my Spouse predecease me, fait to qualify, cease to act or renounce probate, I then appoint Terry E. Fackler as the Successor Personal Representative of my estate. Should Terry E. Fackler predecease me, fail to qualify, eases to act or renounce probate, I then appoint Kim F. Fackler as the Second Successor Personal Representative of my estate. Should Kim F. Faekler predecease me, fail to qualify, cease to actor renounce probate, I then appoint Valerie F. sell as the Third Successor Personal Representative of this my estate. ARTICLE 18. P®WERS eta PERSONAE REPRESENTATIVE ANA TRUSTEES: to addition to the powers conferred by law or under previous provisions of this Will, my Personal Representative and Trustee shall have the following powers: A. Investment Retention: To retain investments t may have at my death when deemed advisable to my estate or trust to do so; 8. Sale: To sell either at public or private sale any real or personal property and to consummate said sale or sales by suff~c~ent deeds or other instruments to the purchaser or purchasers, conveying a fee simple title with special warranty, free and clear of all trusts and without obligation or liability to the purchaser or purchasers to see to the application of the purchase money or to make inquiry to the validity of the sale or sales; also to make, execute, acknowledge and deliver any and alt deeds ass~gnrnents, options, or other writings which may be necessary ar desirable in carrying out any of the powers conferred upon my Personal Representative or Trustee ~n my Will or otherwise; C. Investments: To vary investments, when deemed desirable, then to invest in such bands, stocks, notes, real estate mortgages, or other securities, or in such ro rt real or personal, as deemed wise, without being restricted to so-called y~ investments" and without regard to diversification; legal ~. Rest Estate. To manage real estate; E. ®tt®ns: To exercise any option or rights arising from awnershi of inves P tments; F. Com®romise: To compromise claims without Court approval and withou of any beneficiary; t the consent ~. ®isclaimer: To disclaim any interest in property; h!. Estate Elective Share: To claim an elective share of the estate of Spouse; my deceased Initials: `~~ ~ Page 9 i• T. ~xe_s: To join with my Spouse I may have upon my death in the filing of any federal income tax return for any year for which !have not filed such return prior to my death, and to consent to the treatment of any gifts made by my Spouse as been made one-half by me for gift tax purposes notwithstanding the fact that such acteon may result in additional liabilities far my estate. Any income or gift taxes due on such returns and any deficiencies, interest, penalties, or refunds thereon, shall be allocated between my estate and my Spouse and my Spouse's estate, or all to any of them, ~n such manner as my Personal Representative and my Spouse may agree; ~. Allocation and Div~°sion: In any division of principal into separate trusts or shares, and ~n any distribution of trusts or shares, to allocate to any trust, share or beneficiary, property different from the property allocated to another trust, share or beneficiary as the Trustee or Personal Representative, using fair market values on the date of division or distribution, deems appropriate; provided, however, this power shall not be exercised in any manner contrary to any specific allocatian of property elsewhere in this wilt or in a manner that renders ineligible all or any part of any gift for any tax deduction. K. Deduction of Admi____nist_ration Exp-e,~: To deduct administration expenses u on either the federal estate tax return or fiduciary income tax return, with or without adjustment between principal or income as my Personal Representative shall determine. 1-. Income Tax and Gift Tax Returns: To join with my Spouse and fits any income tax or gift tax returns that may be due on my behalf and to pay so much of such taxes as my executor may deem appropriate and to consent to any gifts made by my Spouse being treated as having been made one-half (%i) by me. M. Retenti®n of Advisors: In the absence of a corporate fiduciary, to retain accountant custodians, investment advisors and other agents as my Personal Representative and Trustee shaft determine and to compensate them out of principal or income or both as my Personal Representative and Trustee shall determine to be appropriate. M. Administration hosts: To pay all costs, taxes, expenses and char es in connectio with the administration of my estate or trust, includin but not limits n debts and all funeral expenses, g d to my last ®• Distribute®n Meth®d: In ®rder to effectuate a division of the prince at of m est or of any trust or for any other purpose, including final distribution m P ate Representative and Trustee are authorized to make such divisions or distri ersonat the personalty and realty in kind or by way of li uedation Cher but~ons of as my Personal Representative or Trustee ma eof ~n whole or ~n part circumstances. If a distribution or division e y deem appropriate under the to be divided or distributed at their res s made an kind, said assets are required pect~ve values on the date or dates of their division or destrebuteon. P. Miscellaneous: To do all other acts and things necessary and a ro ri management, administration and distribution of my Estate or pan P ate ~n the created. y trust herein Initials: `~ ~#=,~ rage ~ o ARTICLE 19. LIMITATION GN USE GF PR®PERTY EXEMPT FRGM FEQERAL ESTATE TAX: No property received by my Personal Representative and Trustee that is exempt from federal estate tax that may be assessed against my estate shall be available for the payment of debt, inheritance and estate taxes or penalties and interest, or administration expenses in the settlement of my estate. ARTICLE 20. NO F~~NQING REQUIREMENT: f direct that my Persona! Representative, my Guardian of Minor's Property and my Trustee, or their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ARTICLE 21. EXCLUSIGN: !t is not my intention to make provision in my Wilt for any relative or any other person not expressly provided for herein, except for children born to or legally adopted by me after the date of this instrument. !f any such person has not been expressly mentioned herein, he or she has been omitted by me intentionally and with full knowledge of his or her relationship and existence, and not by any oversight or neglect. ARTICLE 22. WILL CGNTEST: In the event that any person, including a devisee, legatee or beneficiary under my Will shall either directly or indirectly seek to establish or assert any claim to my Estate, or any part thereof, not authorized by my Witt, or seek to impair, invalidate, or set aside the provisions of my Will, or to have any of the trust provisions or estate distributions Limited, declared void or diminished or to defeat or change any of the diapositive scheme of my Will, or shalt endeavor to secure or take any part of my estate in any manner other than through or under my Will, [hereby give, devise and bequeath to such person or persons the sum of Ten Dollars {$10.00} and no more in lieu of any other share or interest in my estate. Provided further that nathing in this Article contained shall prevent any beneficiary hereunder from bringing an action against any fiduciary hereunder, for an accounting, nor from enforcing any statutory share to which the heir may be entitled. IN WITNESS WHEREGF, i have hereunto set my hand and seal this2-? day of t~,~-,~1 X04. WITNESS: EMERS~JN F. FACKLER {SEAL) Page 11 A~KNaWLE~G/4tEN7° COMMONWEALTH 01` PENNSYLVANIA COUNTY 01° CUMBERLANl7 • S5, fie, EAAERS®N E. FACKLER, ®iane 0. Radcliff, Es airs a q nd Robin Z. Shahan, the Testator and the witnesses respectively, whose names are si ned ~ to the attaehed or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as Last will and that Testator had signed willingly (or willingly directed another to sign for the Testator and )~ that Testator executed it as Testator's free and voluntary act for the purposes therein e xpressed, and that each of the witnesses, in the presence and hearing of the Testator, si ned the 'W' g ill as witnesses and that to the best of their knowledge the Testator was at that time eighteen ears y of age or alder, of sound mind and under no constraint or undue influence. ~' -.,.h o_ ~ ~-~-zcc~. (SEAS) Eh4ER5®N E~ F'A~KLER ~~(5~~) wi Ess / cs~~~ Sworn to and subscribed to before me this Via- day of _ , 20~ NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYlVAN1A rVotanal Seal Deborah L Orx~iey, tVotary Public camp, H~ sue. c~ courriy ~+ Cs~ E.~+ir~; , 23, 2007 Member. ~~~n~,:i~.~an,a 4~,,,.,~i~tion Of NOtarieS Page ~ 2