Loading...
HomeMy WebLinkAbout07-07-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND CO~JNTY, PENNSYLVANIA Estate of Arlene W Rcxidic~-k File Number ~ - ~~ ' ~7~ also known as Arlene Witmer Roddick Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' OR 'B' BELOW:) Deceased Social Security Number 196141857 0 A. Probate aad Grant of Letters Testamentary and aver that Petitioner(s) is /are the eX®culbQr named in the last Will of the Decedent dated 12/28/199$ and codicil(s) dated none (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not many, 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 Admieistration (If applicable, enter: e.t.a.; d.b.n.c.t.a.; pendente life; durante.absentia; durante minoritate) (COMPLETE WALL CASES:) Attach add~onal sheets if necessary. ~"" Decedent was domiciled at death in ,Srumberland County, Pennsylvania, with his /her last principal residence at X01 Ba!timore R^^..ad Shiooe,~nsbu_rq PA 17257 Southamo~n Two. Cumberland Cntv. (List street address, tawrdcity, township, county, state, zip code) Decedent, then ~ years of age, died on 5/6/2010 ~ Manorcare Health Services am rs urg Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 250.000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 200.000,_.00 situated as follows: 601 Baltimore Road, Southampton Township, Cumberland County, PA, more particularly described in Cumberland County Deed Book "S", Volume 27, Page 740 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of L,ettiers in the appropriate form to tjle undersigned: I ~ i gign~ Typed or printed name and residence I ~~ ~~/~ ~ ~~~ ~~~ ~ I John McCulloch Roddick yL r 601 Baltimore Road. Shionensbura ___ PA 17257 Page 1 of 2 Form RW-02 rev. 10.13.06 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 A.l...:..:..s....+:...~. .. s n i.r a ~. ri n F n nr.inr ante n~'AIiJJ i» .Con}inn .~ nlflfVO nn/I /`mm~lvt0 Iz'ct n~I721Y.C_~ ~.'~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA ; SS COUNTY OF (a ~MRERLAN9 The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and con~ect 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 armed and subscribed ~° ' - of Personal Representative John McCulloch ROddick before ~e the day of - } ~ 201 Q Signature of Personal Representative For the ~Ster Signature of Personal Representative ~- G.. , :~. File Number: c~ ~ - ~ d - ~1. ~~ ~ ~~, ~,r ..~ ~' . Estate of Arla~r,Q W Rrxidirk d ~ ~~ .~„ .::~ ...,. Social Security Number:196141857 Date of Death: 5/6/2010 AND NOW,,~IY ~h ,ZQ1~-, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to John McCulloch Ruddick in the above estate and that the instruments) dated r~mhr.~r 7R 1998 . described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. '~ --' - I - ~. FEES 410.00 Register of wi Letters ............................. $ ~~ Short Certificate(s) $ 20.00 Attorney Signature: Renunciation{s) ................ $ ~ ~. ~ ~ ~ +, JCS fee .... $ 23.50 Attorney Name: . Automation fee .... $ 5.00 Supreme Court I.D. No.:1Z~Z16 Will ..., $ 15.00 ,,., $ Address: ~, North Main Street. Suite 200 .... $ Sh~~mbersbur9 .... $ .... $ pA 17201 .... $ $ Telephone: ~~)264-6029 TOTAL ............................. $ 473.50 Form Rw-o2 rev. 10.13.06 Page 2 of 2 ; 05.805 2°_V (0; /07) LOCAL REGISTRAR'S CERTIFI:CATI~ON OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.OU '' This:. is 'to ..certify that the information here given correctly copied from an original Certificate of Death duly filed with me' as Local Registrar: The original ~ certificate will be forwarded ~o 'the State Vital Reco Office for ' perman filing..... . P 1~486~~9 ,~ Certification Number ' a egstrar - ,'~'`'~ Date Issued ._, +ev ~~ ~~ ': i„os.,a l v r~oee corrwEw~TM ~ r+~srE.v~ • q~unt~r o~ r~.in+ . vrrA~. 11ilEf w - cl~~xt~ o>F ol~-ni ~~ (s« fnstnlctloew .nd en rawrs~) sTAT6 ~ •-•• `"' ~' ~. wwa aralar 1~ "~ irt, a~q ~. 8~. a e~dr Nir.w w,aea ~. Dw a o~w~ A+~-. er.~w! Ax~:ene N. Roddick> Female ~9fa -'14 - 1$57: Ma 6 201f~ .war. > ~' < ilw~ wMMn _ ilerpfrtE OIAK: 46 'Ya. 2-24-1:4 Millersburg, PA ~14+«w D:eir Doa .~I .. -b.. ^paiYw« ^orw~. ib. ~ a o.an fie. qr, loA. ~ a Dwn w. Faet~rw.« N «~ irrirrti tM asa ^rnr~ t wr a«a~ a ~~ od~t ~, y„ w. ao« Nnalrn ~na.n, wot whN~, ae Fz'aNclin Chamberaburg Manorcare Health Sfrv~:cas wab ~, a~) 1.4~M ~iPhiae 1. a ,. t~ rw;o^.r^r.rw rt a ~. o~+ a+l ~:~ «i~1r4 w. wr arr~ wi~.r sra.a ia. suwrau 3pou. d ww.. ~ w~ wnW ~ ~ a wait IOifdMS+~M11~~MrMMq! u.t. ~ fdr«t ~,~y,p r R~ tl~ a ~ ww^w, ow^o.rripy~ Teiacher Siam~nla" $ohool < D Y« ~ ~ 12 ears ' 4 ®ara married John M, Ruddick ~e.oa~rti~~a~..Arw~.orrrr.n.Mr..e-mry wo«wnti PA araarar 60,E Baltimore Road ~durt~ldino. ~na~. ? 17a®w..aawruweM Southampton T,~ $ht.ppend~burg, PA 17257 »o.oa~ Cmnb~b~land ~~. Q a e,~„ ~~~ 1i. Fallr'~ Nrir R9Mf, eiM1iM, M1M, wIN4 n MrlwarMar AtiCerlr.,~rrri rmi«) ': H1mer T. Bitser Heim Higley - _.. so.. nontiiry Nw fyq ~-anq _ _ loe. r+a^rr+ wp ~ww.lMw~, ay ~ r.~, wr. ao awd John M. Ruddick 60:1 Bal imor~: Road, Shippensburc~, PA 1725,7 ~.11rrd ~ ~v«w1^ ~ ®dMdran '~ E~o~ 2tk Day d OYOaYrai p1aA4 dilate) t1a PY« 01UlyirronpMm~dar~lMry, amrbry«alwr pYe.) ltd. toakn ~, JiliiNn, ~Y, ~-«dq '~ D erw D R~owU«i~ i ~« w www 1'7065 y ~',~'~r~'"~~ ,Y,~] N, 5-7-10 i~allinger Cre~atory Mt. HaJ,y Springs, PA ~. p- dp «uaa) llbar~ wrMMr 18a. MnMrd Aiiidw a ~M' 1 ~^. -012984-L ogeisanger-Bricker Funeral Home Inc., Shippeneburg, PA 17257 ~«Mp~rl~wrasaw.Arie.~l~ raaTeaarauyr.w.eo.,~new~wti~n.~.~waep~o~rwa.:~rrr,~narrl ~aa ~,~ern. wu~ 2~e. or. ~.e Win. agc fwd ;phNloYp:(1 ~rts~Mi4M r r~r adar~ b «*ya«..a«~l-. R,N S~~rl~~3 JCL _l~ 2~1C slur l~laes ~d«a ai~pMrd dsrpr+n ~. nnw a oars as ow haiaiad 0«dpkAl~, d~,y«r) an Mlr ar b ~ Caarr br . n«ron Orrr rrn CwiMya~ ~ Denldn4 .drp.av,~.arh. ©`'~ 5 2 A'k l~At~ ' to , X010 ©« ~ CANME as tlEl-tll (L. inreww«is and , aia areoo uw b Irm2~.~.ncr«.rnadae.,.d,'~r..a~~.r..««~.a.•nri.wo~awa.^.-oo~«+ar~r«aw«an««~a.~n.w, ~ o~.wbo.~n tia„a~+~n.aa~««~«~«tira~~ ^YM D~ouwr wwitlay aa~,l; a wrdaMrfbilYlo~ wwar ~ rr a~dewr. tlM air ar «w m adria~. ~ ~ D No . ~IoaMi: IM oonewair, r:~r, n. _i~ L~~~(~ ; ~w atwn~ a d«rn ~~ ~ dr b ~r « ~ ooMpra« a): ; ^ -a pignMr6M:piq~rM NMYh Nd idlrys `(dN.r. « rW wwd rr a e«n a~ wrlrnl- i~ aaM~ u~T. ~ ; ^ q ~ bud pnprhl rSl~ b t y«r Dw w (ar « a ao aQ: d ~ >_ 0. wbbNt lpwlnlM a~ ry P4M!«~ ? ao.. aoa ~ ~#~ ~: wn~r d~.rN sa. ow a ~ ~ dr. MMf an::orae. Fbu M~rbmMwd - aln ~ ~swa, Fmy. ~~ D llama .. -: a1a-~..a o«nr D YaF 11~No LJ Y« ^ No ^ ~M D ~~0 rlL Tier d Y~ry ffi~. Ivry a Wakt !!1. M TarpaYwn Mrr~' ~. luowfO^ a HAY fem. dh ~ bin. a~M) D saad. D oa~ewK~. orMr^e >d. I] Y« D No D o~aru I~ a~.awa t~l - oMa•.tpaa~ 1~.. cawrr.larok a+r ar} >`' slb, tl0rYn adill-a oa~la • ~~1r~1~~0auwadarnMra«arrrplryYdmirNponaroMdMrueda~ipYNdMm23J ,~fD Tirr6aa.rMuwp,IMM+lerwwrrw.rr.(Nara.M.rMw~e--------------- ~ ~'~~IM~I~bM~pionaabi/Mrh~MaMyi~yaan~adrr~ l~e.tbww S1d.OreBlwrAMaiN,dM4~ t•dlr~a.~ww.rp,diw~e«.wraw.+r~•,+w....r~ro~.ydwtiwiw.~yawaa..~«a~w------ '--------*- Q M jSi' OSq ~09- ~... s ~ fG- • wrw w.r..-~a~... osr~w.a...wr.~w~«~.awr er~M«a~wi+~t-rwr,dr~,w~w.,..ddwrrr«r~~y«4.~rr~.awa.' D a#: w~auq:i~ea«~arw.a~weocx~p~rd a z>~~.i ~v+wMrra. Q ' . 3~ ,- ;ti JRZ - 5 . 1 "roddick . 2 November 12 , 1998 ~ .,,~'~~.C.~ ~~ ~"i~..fC " ~~v ~ ~ .~~ Vi r'~tl.~.,~1 LAST WILL AND TSSTA-MSNT ~.~ ~~ I , Arlene Witmer Roddick, of Southampton T~,~~~bland County, Pennsylvania, declare this to be my last will and testament and revoke any will or codicil previously made by me. ITEM I: I direct that all my just debts, except as may be barred by a Statute of Limitations, and my funeral expenses, including my gravemarker and expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease as a part of the administration of my estate. ITEM II: I give and bequeath all my tangible personal property, including but not limited to, any and all automobiles and other motor vehicles, household goods and furniture and furnishings, china, silverware, jewelry, ornaments, works of art, 1 books, pictures, wearing apparel and personal effects, but excluding cash on hand and tangible evidences of intangible personal property, together with any policies of insurance applicable thereto including any prepaid pren~iiums thereon to my spouse, or if my spouse fails to survive me, to my son, Daniel M. Roddick. ITEM III: I give the sum of $5,000.00 cash, my smoky topaz ring, my grandfather Lenker' s pictures and frames and any of my clothing to my sister, Betty L. Novinger, if she survives me by thirty days . In the event my said sister predeceases me or dies on or before the thirtieth day following my death, this bequest shall be distributed under the terms of the residue of my estate. ITEM IV: If my spouse survives me, I devise and bequeath to s ~ 4 ~:: my Trustee hereinafter named, to be held in a separate trust (the non-marital or by-pass trust) the maximum amount that can pass at my death free of Federal estate tax because of the unified credit and all other credits or deductions applicable to my estate other than the marital deduction, provided however, that the credit for state death taxes shall be taken into account only to the extent that doing so does not result in state death taxes that would otherwise not be payable. The amount of this non-marital gift and its funding shall be governed by the following: A. The amount of this non-marital gift shall be reduced by the aggregate of (1) all items includable in my estate f or Federal estate tax purposes which either are taxable gifts made during my lifetime or are disposed of in previous articles of this will or pass outside of this will, but only if such items do not qualify for the Federal estate tax marital deduction or the Federal estate tax charitable • deduction and (2) the amount of any administration expenses claimed as income tax rather than estate tax deductions. B. My executor shall allocate and set aside; or distribute to this non-marital gift any (up to all) assets (ar proceeds of assets) which do not qualify for the marital deduction for Federal estate taxes. In no event shall assets be distributed in kind to this non-marital gift to the extent the effect would be to permit diminution of the marital deduction gift by more than a pro-rata share of all depreciation occurring in my estate between the date of my Page 2 ~r ~ ~ ~ death and the date of distribution to this trust. Any allocation of assets between this non-marital gift and the marital deduction gift shall, with respect to each share, be comprised of assets having an aggregate market value at the time of allocation fairly representative of the net appreciation or depreciation in value to the date of distribution of all assets then available for distribution. C. My Trustee shall hold this non-marital gift, IN TRUST, for the following uses and purposes and under the following terms and conditions: 1. My Trustee shall pay the distribution amount set forth below to or for the benefit of my spouse during my spouse's life, in quarter-annual installments. 2. The Trustee shall pay to my spouse in each tax year of this trust during my spouse' s life an amount (herein called the "Distribution Amount") equal to five percent of the average of the fair market values of the assets of the trust as of the close of the last business day of the trust's three previous tax years (or such lesser number of tax years as are available for the first three tax years of the trust). In the case of a short tax year, the distribution shall be calculated as set forth in subparagraph 3. below. In the case of contributions to or distributions from the trust, Page 3 r ~ j including initial funding, the Distribution Amount shall be determined as set forth in subparagraph 4. below. 3. For a short tax year, the Distribution Amount shall be based upon a prorated portion of the Distribution Amount set forth above, comparing the number of days in the short tax year to the number of days in the calendar year in which the short tax year is a part. 4. In a tax year in which assets are added to or distributed from the trust (other than the Distribution Amount) (hereinafter called "Adjustment Year"), the Distribution Amount shall be increased (in the case of a contribution) or decreased (in the case of a distribution) by an amount equal to five percent times the fair market value of the assets contributed or distributed (as of the date or dates of the contribution or ~ distribution), multiplied by a fraction, the numerator of which is the number of days from the contribution or distribution to the end of the tax year and the denominator of which is the days in the tax year. Further, the year-end values for the two tax years preceding the Adjustment Year shall be increased by the amount of such addition, or decreased by the amount of such distribution, for Page 4 ~ ~ ' ~ Daniel M. Roddick. 9. In addition to the Distribution Amounts as set forth above, my Trustee may distribute such additional amounts, if any, of accounting income, capital gain or principal to or for the benefit of my spouse as the Trustee, in Trustee's sole discretion, deems advisable for the education, health, support and maintenance in reasonable comfort of my spouse, after taking into account other income or assets which are available to them. 10. The goal of this trust is to provide a relatively smooth flow of distributions to my spouse, which distributions over the anticipated term of the trust may maintain to the extent practicable real spending power in the face of inflation. A second and related coal is to maintain the real spending power of the principal of the trust for the remainder beneficiaries. It is my intent by using this trust (that is a trust which does not distinguish in investment goal or distribution between the production of income and short and long term capital gains) to eliminate any conflict of interest which the Trustee might otherwise experience between attaining the two goals set forth above. I have set the distribution rate at five percent based upon my hope that, over Page 6 • ( ~ ~ 1 long periods of time, this distribution rate can be maintained and still have the distributions increase sufficiently to offset inflation . I f this goal is achieved, the principal of the trust will also have maintained its value. I recognize that these goals will not be attainable every year or even over the long term. I accept that the setting of the f ive percent distribution rate is my own decision and recognize that the two goals set forth above may not be attainable, even if my Trustee acts with reasonable prudence. If my Trustee becomes convinced that the goals as set forth above cannot be attained (due to substantial and long term changes in the investment marketplace, inflation, deflation, or other secular economic change which would make a change in the percentage distribution rate used for determining the Distribution Amount advisable) then my Trustee shall have the discretion to modify such distribution rate as Trustee may deem necessary. Such a change in distribution rate shall be within ~~ the sole discretion of my Trustee given the investment and distribution goals for this trust. My Trustee shall not beheld accountable for such discretionary act by any party provided that said Trustee has acted in good faith. Page 7 ~ ~ 11. My Trustee may apply any distributions from this trust for the benefit of my spouse, should she by reason of age, illness or any other cause in the opinion of my Trustee be incapable of appropriately receiving or disbursing it. 12. Upon the death of my spouse, the then- remaining principal and any undistributed income shall be distributed as follows: a. The sum of $25,000.00 cash to my son, Daniel M. Roddick, to be held in trust for the benefit of my grandson, Tyler McCulloch Roddick, to be used for Tyler' s education or such other expenses as trustee shall deem appropriate. The trust shall terminate when my grandson reaches the age of twenty-five years and any remaining funds shall be distributed to him free of trust. b. The balance of the afore-mentioned trust shall be distributed to my son, Daniel M. Roddick. c.J In the event my son, Daniel M. Roddick, predeceases me or dies on or before the thirtieth day following my death, the balance of the residue of my estate along with the aforesaid specific bequest ^~ Page 8 ~ ~ ~ $25,000.00 shall be distributed to my grandson, Tyler McCulloch Roddick. Should the said Tyler McCulloch Roddick be under the age of twenty-five years, the same shall not be distributed outright, but the aforementioned $25, 000.00 bequest and the balance of the residue of my estate shall be held in trust by Orrstown Bank, Orrstown, Pennsylvania, until my grandson, Tyler McCulloch Roddick, reaches the age of twenty-five years, under the same terms and conditions as set forth in subparagraph 12a. above. ITEM V: I devise and bequeath all the residue of my estate of every nature and wherever situate (the marital gift) to my spouse, John McCulloch Roddick, providing my spouse shall survive me by thirty days. ITEM VI: I remind my spouse, (and my spouse's personal representative, guardian, agent acting under a power of attorney or other representative) that my spouse may disclaim any part or all of any gift passing to my spouse hereunder or otherwise as a result of or by virtue of my death. In particular it may be desirable for my spouse to disclaim a portion of the marital gift or of other property passing otherwise by reason of my death, and if my spouse does so (either personally or by personal representative, guardian Page 9 i a ~ ~ or agent acting under a power of attorney) the disclaimed portion shall pass as herein provided for and as if my spouse had died before my death. This may be desirable even if the result of such disclaimer and passing should be the payment of Federal estate taxes by my estate. ITEM VII: Any property disclaimed by my spouse except as is otherwise specifically provided otherwise elsewhere in this will or any other applicable and relevant document, shall pass under the provisions of Item IV hereof. ITEM VIII: Should my spouse predecease me, I devise and bequeath all the residue of my estate of every nature and wherever situate as follows: A. The sum of $25,000.00 cash to my son, Daniel M. Roddick, to be held in trust for the benefit of my grandson, Tyler ' McCulloch Ruddick, to be used for Tyler's education or such other expenses as trustee shall deem appropriate. The trust shall terminate when my grandson reaches the age of twenty-five years and any remaining funds shall be distributed to him free of trust. B. The balance of the residue of my estate shall be ~~ distributed tom son Daniel M. Roddick. Y C . In the event my son, Daniel M . Roddick, predeceases me or dies on or before the thirtieth day following my death, the balance of the residue of my estate along with the aforesaid specific bequest of $25,000.00 shall be distributed to my grandson, Tyler McCulloch Ruddick. Page 10 1 ~ !- / Should the said Tyler McCulloch Roddick be under the age of twenty-five years, the same shall not be distributed outright, but the aforementioned $25,000.00 bequest and the balance of the residue of my estate shall be held in trust by Orrstown Bank, Orrstown, Pennsylvania, until my grandson, Tyler McCulloch Roddick, reaches the age of twenty-five years , under the same terms and conditions as set forth in subparagraph 1 above. ITEM IX: All Federal, state and other death taxes payable .~ because of my death with respect to the property forming my gross estate for tax purposes, whether or not passing under this will, including any interest or penalty imposed in connection with such tax and not caused by negligent delay, shall be considered a part of the expense of the administration of my estate and shall be paid from the non-marital portion of my estate under Item IV or under Item V without apportionment or right of reimbursement, except for the following specified death taxes, which shall be payable from the sources specified herein (and if no source is specified, from the source determined under the provisions of Chapter 37 of the Pennsylvania Probate, Estates and Fiduciaries Code, as in effect on the date of execution of this will): A. Any tax imposed by Chapter 13 of the Internal Revenue Code of 1986, as amended, (herein called "Code") (generation- skipping transfer tax) shall be payable from the property constituting such taxable transfer (except as may be provided otherwise in later provisions hereof or in relevant trust Page 11 1 ~ ~ ~ instrument); B. Any tax resulting from the inclusion in my estate of any qualified retirement plan benefit under Code Section 2039(b) {whether such amounts are included in the probate estate) and any tax resulting from excess retirement accumulation under Code Section 4980A (d) , shall be payable by the recipient (s) of any such benefits. C. Any tax resulting from the inclusion of any property in my estate under Code Section 2044 andjor Code Section 2056(b)(7) (certain property for which marital deduction was previously allowed), whether or not such taxes are statutorily payable by my estate or the recipient of any such property shall be payable by the recipient of or from such property. D. Any additional estate tax imposed by Code Section 2032A (valuation of certain farms, etc., real property) shall be payable by the qualified heir or heirs whose actions result in the imposition of such additional estate tax. E. Any tax resulting from the inclusion in my estate under Code Section 2040 of the value of any jointly-owned property shall be payable by the surviving joint tenant(s) of such property. F. Any tax resulting from the inclusion in my estate under Code Section 2042 of the proceeds of life insurance shall be payable by the beneficiary (s) of such life insurance. G. Any tax resulting from the inclusion in my estate under Code Section 2041 of the value of any property subject Page 12 4 y to a power of appointment, sh~~.~. be payable by the appointee of such property . H. Any tax payable from a trust or other source which instrument specifically provides therein for the payment of taxes shall be paid as provided for in the relevant instrument. I. I authorize my executor, in my executor's sole discretion, to make an election, in whole or in part, to cause a Pennsylvania inheritance tax to be payable by my estate on property passing to or for the benefit of my spouse or to defer the Pennsylvania inheritance tax on such property. My executor shall be without liability to anyone for making or failing to make such election. ITEM X: My executors, trusties and guardians, whether masculine or feminine, singular or plural, individual or corporate, ~ as may from time to time be qualified or acting, (herein sometimes referred to as "fiduciaries" or "fiduciary"} shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property, whether principal or income, including property held for minors, ~~ exercisable without court approval, and effective until actual distribution of all property: A. The executor and trustee shall have full power and authority to manage and control the trust estate, to borrow money from any source (including the power to borrow from a Trustee or any affiliate of a Trustee) and to sell, exchange, Page 13 • ~ ' + lease, grant options, rent, mortgage, pledge, assign, transfer or otherwise dispose of or encumber (including sales to a Trustee) all or any part of the trust estate (for terms extending beyond the termination of the trust estate or otherwise}, upon such terms and conditions as the Trustee may see fit. The Trustee may invest and reinvest all or any part of the trust estate in such stocks, common and preferred (including the corporate stock of any corporate Trustee, or any of its affiliates), debentures, shares or participations in any common or mutual fund, interests in any general, limited, or limited liability partnership or in any limited liability company, bonds, notes, repurchase agreements and deposit accounts of any kind from or in any bank (including any corporate Trustee, or any of its affiliates), savings and loan association or other financial institution or brokerage firm, stock options and warrants, securities or other property, real or personal, within or without the State of Pennsylvania, domestic or foreign, whether or not of the class or kind now or hereafter ordinarily approved or held to be lawful for the investment of trust funds, as the Trustee may, ~- in the Trustee's discretion, select . The Trustee may make and change such investments from time to time according to the Trustee' s discretion, and the Trustee may continue to hold any ~~ stocks, securities or other property received by the Trustee hereunder without any duty of diversification. The Trustee may determine whether any money or other property coming into Page 14 ~ ~ ~ s the Trustee's hands, concerning which there may be reasonable doubt, shall be considered as a part of the principal or income of the trust estate, and may apportion between such principal and income any loss or expenditure in connection with the trust estate as to the Trustee may seem equitable, taking account of all present and future interests in the trust estate. The Trustee shall not be obligated to amortize premiums for trust securities out of income nor make additions to income because of the purchase of securities at a discount . The Trustee may exercise all options and all conversion, subscription, voting and other rights of whatsoever nature held by or pertaining to any property, including securities of the corporate Trustee or any affiliate thereof, held by the trust estate. Any corporate Trustee shall not disclose the name, address, or share position of the beneficial owner(s) of registered securities held by the corporate Trustee or its nominees unless the beneficial owner(s) request otherwise in -., writing. It is the intention of the testator that the Trustee shall have the authority to invest in such ways as shall give due consideration for the theories of total return investing, modern portfolio theory, and the theory of risk and return. Accordingly, the Trustee is authorized to invest in any type of investment which plays an appropriate role in achieving the investment goals of the trust, which investment shall be considered as part of the total portfolio. It is my specific direction that no category or type of investment shall be Page 15 ~ + ' s prohibited. I specifically do not wish to limit the universe of trust investments in any way other than is dictated by the Trustee's exercise of reasonable care, skill, and caution. In connection with the Trustee's investment and management decisions with respect to this trust, the Trustee is specifically entitled to take in account general economic conditions, the possible effect of inflation or deflation, the expected tax consequences of investment decisions or strategies, the role which each investment or course of action may play within the overall trust portfolio which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property; the expected total return from income and the appreciation of capital; other resources of the beneficiaries; the needs for liquidity; regularity of income and preservation or appreciation of capital; and the asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries. Nor shall my Trustee be limited to any one investment strategy or theory, including modern portfolio theory, the efficient markets theory or ~~ otherwise, but shall be free to consider any appropriate investment strategy or theory under all the circumstances. The Trustee may delegate investment and management functions which a prudent person of comparable skills would properly delegate under the circumstances. Should the Trustee delegate such function, the Trustee shall exercise reasonable care, Page 16 ~ , ~ ~ skill and caution in selecting an agent, establishing the scope and terms of the delegation consistent with the purposes and terms of the trust, and periodically reviewing the agent' s actions in order to monitor performance and compliance with the terms of the delegation. Should such delegation occur as set forth above, the Trustee who complies with the requirements for delegation shall not be liable to the beneficiaries or to the trust for the decisions and actions of the agent to which the function was delegated, but by accepting the delegation of a trust function by the Trustee of this trust, the agent submits to the jurisdiction of the courts of this state. B . Any fiduciary hereunder may renounce or resign at any time with or without cause. C. No fiduciary shall be required to file bond, execute any instrument appointing anyone to accept service of process, or file inventories or accounts of any kind, except as ordered to do so by a court of competent jurisdiction or as required to do so under a state statute not providing for release of such requirements by a testator. D. If there is no corporate fiduciary acting hereunder, my executor or trustee may designate a corporation (regardless of where organized or headquartered) with fiduciary powers to act as agent or custodian hereunder, may delegate to it such duties as may be appropriate (including investment recommendation duties), may pay to it reasonable compensation Page 17 ~ i i for its services, and may discharge it with or without cause. E. To cause the title to any property held hereunder to stand in the name of a nominee or nominees. F. To compromise, submit to arbitration or release any claim of my estate or any trust hereunder against others and to pay, compromise, or submit to arbitration any claim of others against my estate or any trust hereunder. G. To exercise any law-given option to pay death taxes in installments, the payment of interest due on such installments to be a charge against principal. H. To exercise any law-given option to treat administrative expenses either as income tax or as estate tax deductions, without regard to whether the expenses were paid from principal or income. I. To receive other property of any type acceptable to the Trustee, including, but not in way of limitation, life insurance proceeds, which may be devised, bequeathed, assigned, granted, conveyed or made payable to the Trustee by any other person, to be added to and administered in accordance with the then-applicable provisions of the trust or trusts hereunder; provided, however, if more than one trust is then being administered hereunder, such other person may specify, in the instrument of transfer, among which trusts, and in what proportions such property shall be allocated. J. To treat the entire trust estate as a common fund for the purpose of investment, notwithstanding any provision Page 18 i ~ 1 herein for division thereof into separate shares or separate trusts. K. Any trust beneficiary will have the right at any reasonable times to request of and receive from the Trustee a written accounting of such matters pertaining to the administration of the trust as are pertinent to that beneficiary. In the Trustee's discretion, income tax returns of the trust may be used to satisfy such request. L. In making distribution of my estate, my executor (and in making distribution of any trust, my Trustee) is hereby granted the power to make non-prorata distribution of assets in kind. M. My Trustee in addition to other powers granted shall have the authority to purchase life insurance on the lives of any or all beneficiaries of the trust. In addition, specific " authority or power is granted to pay premiums on existing policies as well as those purchased after the creation of the trust even though said policies may not be owned by or payable to the Trustee as beneficiary . Premiums may be paid from the income of the trust estate or, if necessary, from principal. N. Should the principal of any trust herein provided for ti~ be or become so small that, in the Trustee's discretion, establishment or continuance of trust is inadvisable, my Trustee or my personal representative may make immediate distribution of the then-remaining principal and any accumulated or undistributed income outright to the person or Page 19 persons and in the proportions they are .then entitled to. If any such person is then a minor, distribution may be made to that person's guardian, or to a person selected by the Trustee to be custodian for such person until the age of twenty-one years under the Pennsylvania Uniform Transfers to Minors Act . O. To pay from the principal of the trust created under Item IV the funeral and administrative expenses of my estate, the inheritance, succession and estate taxes imposed thereon or payable thereby, and the debts thereof, including any mortgage indebtedness. P. To pay from the income or principal of the trust created under Item IV hereof , monthly payments on any mortgage on real estate owned by me individually or jointly with another person at the time of my death, if my Trustee deems it ~ advisable not to prepay any such mortgage. Q. My fiduciaries, generally, shall have full power and authority to exercise all rights and privileges appurtenant to any property held by my fiduciaries, and to execute and deliver any and all instruments which may be necessary or expedient in the exercise of the powers granted herein. ,~~ R. Any fiduciaries are authorized to make distributions in any manner which said fiduciary deems to be in the best interest of a beneficiary, including: 1. To such beneficiary directly, including mailing to said beneficiary's last -known address or depositing to the beneficiary's bank account or to a bank account to be Page 20 opened by said beneficiary; and 2. Directly to third persons for the sole benefit of such beneficiary or such beneficiary's dependents. 3. To an existing trust (or fund thereof) for the .~ sole benefit of such beneficiary and providing no less a right to present enjoyment of income and principal that would be the case under the trust hereunder; provided, however, that as to the marital deduction share distributable to my spouse as provided for herein if at the time for distribution thereof my executor or trustee believes, in said fiduciary's discretion, that my spouse is incapable, because of age, illness or other infirmity, from appropriately receiving and disbursing such distribution and should there not then be a trust in existence, the distribution into which would qualify for the marital deduction for Federal estate taxes, then, in that event, my executor may in my executor's discretion, distribute the marital share to my Trustee hereinafter named to be held, administered and distributed for the benefit of my spouse under the following terms and conditions: a. My spouse shall be paid the entire net income from the principal in such periodic installments as my Trustee shall find convenient, but at least as often as quarter-annually. b. My spouse is hereby given power to appoint Page 21 by will to my spouse's estate or to others, in such manner and for such estates as my spouse may appoint, exercisable only by specific reference by my spouse alone and in all events over the principal of this trust. c. My spouse is hereby given a power to appoint from time to time during my spouse's lifetime, to any of my then-living issue, either outright or in trust, such amounts of the principal of this trust as my spouse, in my spouse's sole discretion, shall designate by written instrument delivered to my Trustee during my spouse's lifetime with specific reference hereto. d. As much of the principal of this trust as my Trustee may from time to time, in its `' discretion, think advisable for the support and maintenance in reasonable comfort of my spouse and for the protection and preservation of my spouse's property or during illness or emergency shall be either paid to my spouse or else applied directly for my spouse's benefit by my Trustee. ~~, e. If my spouse shall fail, either wholly or :- in part, to exercise effectively the power of appointment created in either sub-paragraph b. or c. hereof, the unappointed principal shall be added to, and thereafter treated as part of, the Page 22 principal of my residuary estate passing under Item IV hereof . f. If any provision of this section shall result in depriving my estate of the marital deduction for Federal estate tax purposes, such provision is hereby revoked and this section shall be read as if any portion thereof inconsistent with allowance of the marital deduction for Federal estate tax purposes is null and void. 4. The receipt for any distribution made in conformity with the above provisions will fully discharge Trustee from any further liability for that distribution. 5. No fiduciary will exercise any discretionary authority to distribute principal or income for the benefit of any beneficiary to reimburse any governmental entity which may have incurred expense for the benefit of that beneficiary or pay any obligation of a beneficiary if that expense or obligation is otherwise payable by any governmental entity or pursuant to any governmental .~ program of reimbursement or payment. S. The situs of any trust created hereunder shall be in the County of Cumberland and State of Pennsylvania, and all questions pertaining to the construction. or validity of the provisions of this instrument shall be governed by the laws of that state (other than its conflicts of laws provisions). Despite the foregoing, the Trustee may, at any time and from Page 23 1 - ' r time to time, change the situs of any trust created hereunder as the Trustee in Trustee's sole discretion deems desirable for the benefit or security of this trust . The Trustee may elect (or decline to elect) the law of a different jurisdiction and thereafter the court of such other jurisdiction shall have the power to effectuate the purposes of this instrument to such extent . The Trustee may change the situs of any trust created hereunder, and may change the situs of one trust without changing the situs of other trusts created hereunder. This is a continuing power which will not be exhausted by its use. The determination of the Trustee as to the change of situs shall be conclusive and binding on all persons interested or claiming to be interested in any trust hereunder. T. In any proceeding, legal or equitable, formal or informal, in court or out of court, in any jurisdiction, concerning any property or personal rights or interests, whether vested or contingent, which arise hereunder, the interests of the following persons shall be represented as hereinafter provided for: ~" 1. In the case of beneficiaries whose whereabouts cannot be ascertained, Trustee or executor will represent them. 2. In the case of beneficiaries who are unborn, unknown, incompetent, or otherwise subject to the appointment of a guardian and a guardian for such Page 24 ~ ~ beneficiary has not been designated, the following persons in the order named will represent them: a. The oldest competent parent, or if there is no competent parent, the oldest competent grandparent, of such beneficiary; b. The oldest competent sibling; c. The oldest competent child, or if there is no competent child, the oldest competent child of a sibling of such beneficiary; ~3. Unborn beneficiaries will be represented by their parent who is related most closely to me. No person will represent a beneficiary if it could or would result in an increase of Federal or state income, gains, gift, death or other taxes. U. If there are co-fiduciaries serving hereunder, they • may delegate any and all management duties and responsibilities to one of them. My co-fiduciaries may, for example, designate one of them to maintain a bank account or accounts, and in that instance the signature of only that fiduciary shall be required to open and maintain such account, ~ to deposit funds to such account and to write checks on such account. V. Any individual fiduciaries shall have jointly with any corporate fiduciary all the powers given to the fiduciaries, except that no individual fiduciary shall participate in the exercise of any discretion to determine the Page 25 + i ~ propriety or amounts of payments of income or principal to the individual fiduciary or to any person to wham the individual fiduciary is legally obligated, or possess any of the incidents of ownership with respect to any policy of insurance on the individual fiduciary's life, and the remaining fiduciaries alone shall exercise that discretion and possess those incidents of ownership. W. In the event of any disagreement between or among my fiduciaries, the decision of a majority of my fiduciaries shall control. No fiduciary shall be liable for any loss resulting from a decision in which that fiduciary did not join. X. It will be sufficient authority for any person to deal with any successor or substitute fiduciary if the successor delivers to that person a signed written statement that the predecessor f iduciary is either deceased, has resigned or is because of some disability unable to act or continue to act and that the fiduciary is the duly appointed successor f iduciary. Such authority will remain in effect until such time (if any) that the predecessor fiduciary gives written notice that it is no longer effective. During the ~'~ interim, acts taken ursuant to such authorit will be valid P Y as if taken by or with the predecessor fiduciary directly. Y. In establishing the inability of a fiduciary to act or continue to act hereunder, the statements of two licensed doctors of medicine shall be sufficient to establish such Page 26 r ~ ~ ~ incapacity and third persons are protected in relying upon such statements without any further act or notice. No further act on the part of any party hereto or of any court shall be necessary to vest in a successor fiduciary the fiduciary powers and duties in the supervision and management of the trust and/or estate. ITEM XI: I appoint my husband, John McCulloch Roddick, as executor of this my last will. Should my husband fail to qualify or cease to act as appointed, I appoint my son, Daniel M. Roddick, and Joel R. Zullinger, as co-executors of this my last will. ITEM XII: I appoint Orrstown Bank, Orrstown, Pennsylvania, as trustee of any trusts created by this my last will. ITEM XIII: I direct that my executor or trustee or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM XIV: Any corporate fiduciary shall be entitled to compensation based upon its regular schedule of fees for such services in effect from time to time during the period over which its services are performed. ~,~- ITEM XV: Any individual fiduciary shall be entitled to reasonable compensation for services rendered from time to time and/or to reimbursement of out-of-pocket expenses. ITEM XVI: I specifically give unto my attorney, Joel R. Zullinger, Esquire, or if unable or unwilling to act, Hamilton C. Davis, Esquire, (or the successor to their firm), as the case may be, in my attorney's sole discretion, the right and authority to Page 27 • ~ • r~roke the appointment of any corporate fiduciary designated in my will or in any codicil thereto, provided that my attorney consult rior to doin so with nd~m t?1~'~y~ p g y t orney simultaneously appoint a substitute corporate fiduciary. Anything herein to the contrary notwithstanding, it is my intention that there shall at all times be serving hereunder at least one trustee who is not a "related or subordinate party" as defined in Code Section 672(c), and is not a "member of the family" as defined in Code Section 2704(c)(2), with respect to me or any beneficiary hereunder. ITEM XVII : The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. IN WITrTESS WH~RSOF, I hereunto set my hand and seal to this my last will and testament, written on twenty-nine sheets of paper, dated this ~~day of 1 ~l..Ci' 19J~ //~ ~~_ ~'~?'- -1 ~ -' ~ (SEAL) Signed, sealed, published and declared by the above-named testatrix as and for her last will and testament in our presence, who in her presence, at her request and in the presence of each other have hereunto set our hands as attesting witnesses. ~~ l•A7l ~a~ ~aX~h1 /~1' Page 28 M # ~ M We , Arlene Witmer Roddick, ,061. R • Z•~~t ~ ~ t3r~ and 'fiZ1N-14 rrt. $t~aol~~'S the testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being f first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last will and testament and that she executed it as her free and voluntary act for the purposes therein expressed and that each of the witnesses, in the presence and hearing of the said testatrix, signed the will as witnesses and to the best of their knowledge, said signer was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence . ~~~~ Testatrix Subscribed, sworn to and acknowledged before me by the above-named signer and subscribed and sworn to before me by the abov -named witnesses this ~P~ day of '~ 19~~ No ary Public NO1'~IRiAL SEAL L.OIS A. g('H.LEtdBEF~t3ER. Nofery P+ublrQ ~~a~rg 8a~, Berland CCU Carrtmi~eskm ~ ~a AAmCh ~ __. Page 29