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Home My WebLink About08-02-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Adolph Neuber also known as _ COUNTY, PENNSYLVANIA File Number 21-10 - j' ~U Deceased Social Security Number 173-03-9801 Jane N. Eshelman and James B. Eshelman Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or `8' BELOW ) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors named in the last Will of the Decedent, dated Oq/2O/2001 and codicil(s) dated 02/16/2006 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: N/A ^ B. Grant of Letters of Administration app Ica e, enter: c. t. a.; .n. c.t.a.; pe ente rte; urante a senha; urante minontate Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spc-use (if any) and heirs: (If Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) ~? ~ a Name Relationship Residence ~~" ~~;_~ ~ ~- ' ~~ , -~ _7 t ~.~ ' __ - . r, .. _`, -r; ~) A -~ t~ 5~.,) .. r, (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~''`~ ~ ~4 i Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal resiidence at 737 West North Street. Carlisle. Carlisle Borough. Cumberland Countv. PA (List street address, town/city, township, county, sfate, zip code) Decedent, then ~q _ years of age, died on 07/14/2010 at Carlisle Regional Medical Center, Carlisle, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 970,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: NONE 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 f,..--, Jane N. Eshelman 737 West North Street . -; 5~ l Carlisle, P,A 17013-2227 / James B. Eshelman 737 West North Street Carlisle, P,A 17013-2227 Form RW-O2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF l.anca6 tC~' ~ } 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 V~.. 6 day of ~.v i b ~. t, `~-- For the Register Probate Clerk, Lancaster County, PA File Number: 21-10 7 (~~.' Estate of Adolph Neuber ,Deceased Social S curity Number 173-03-9801 Date of Death: 07/14/2010 'n nsideration of the fore oin Petition satisfacto roof AND NOW, ~ I ~ 9 9 rY P having been presented before me, IT IS D CREE that Letters Testamentary are hereby granted to _lanp N Eshelman and James B Eshelman in the above estate and that the instrument(s) dated 09/20/2001 02/16/2006 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES ~ ~ Gig Letters .......................................... $ . Short Certificate(s) ....................... $ ~~ ~' `/ ~_. Renunci tion(s) ............................ $ ~ C $ i5 ~~ .~- .1~.~ $ -Z 3 ~; $ ~~ ea u ~~ ~- TOTAL ................................... $ !~ At1 Signature of Personal Represent ive Jane N. Eshelman Supreme Court I.D. No.: 07022 APPEL & YOST LLP Address: 33 North Duke Street Signature of Personal ReprQSentative James B. Eshelman Signature of Personal Representative ~ ~~I~- ~=-~a f~ /ail ------ Lancaster, PA 17602-2842 Telephone: 717 394-0521 Form Rlll/-02 Rev. 70-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Attorney Name: James W. Appel f~.. ~'^I ~/ a (///vj1) j/Cr\j/~ V ~~/ 4'V".~NI~~G: ~# is~ illegal t~ I~~apli~a~~ ~~~a.g ~':r.~~x~' ~}~a( ~~~a~; ~~~ ,-~~ ~~~ ~,f~~~~~~at; F;.,.,. ~ _ :~. 6 6 ~_-4 ~+ 1 ~ t'(f`li~ ~t ,;v}~ ~1 . .,; . r,=. t r~ P~ t~; {~(~,~~~ t i r `,ar t ~ ~+ ~, :. ~~ # .. i • ~: ,~,~ ~; ~, ~ ~ ,. I ? ' ~: 2 k * ~~" ~4 f ~V 1. 151: ~/~ B'~jX 4 44`A n o~~ru.wc.~ Q . ~~,a,-- ~ u ~~~ ~ 5 ,z o ~ a ;~, ~ C~ ~~~ i. ~~ Cw 7 . -, 3 '~ `tom' t..., t , J ~ f .~ _ 1 ~- ; • s-n t j : ~ . .. ~ . . ~ : ! +, ,~ (~;~ - ~ H705.143 REV 11/2006 TYPE /PRINT IN PERMANENT BLACK INK I ~ i w 5 a w Q U O COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ` _+ N _~ .'_~ CERTIFICATE OF DEATH ; U (See instructions and examples on reverse) - C.,a~ ~ ~ ~-~ CTATF FII C All IE.rn FR z 1. Na ant ( t, m IasL s Hi~j d ~~ ~j ~~,~~{ r"J;~~' 2. Sex ~ 3. Social Security Number 173 _ 03 _ 9801 4. Date of Death (Mcnlh. day, year) July 14, 2010 5. Age (Last BiMlday) Under 1 ar Under 1 de 6. Date of Birth Month, da , ear 7. Binh lace Ci and state or tor si n count Ba. Place of Death (Check om one Montl+S Days Hours Minutes ! 1 / (~ ~ Hospital, -rn~ Other Yrs. ~ ! / J "~ j L i tchf ie ld , IL V Inpatient ^ ER /Outpatient ^ DOA ^ Nursing Home ^ Residence ^ Other - Specity - 8b. County of De ath h oro, 7wp. of Dea Bc. C't~, not institution, give street and number) Bd. Facility Nam (I I e 9. Was Decedent of Hispanic Origin? ~.}~ ^ yes 10. Race: American Indian, Bladc, White, etc. LL / y • U t'~ I.~~ l ' !,i~1L,C.. B t /1 ~ ~ ~ t"~ (~ 1 ~~ Lk.- /~ ~ } / ~ ~.- /=~ r i ~ ~~ III yes, specity Cuban, (SPeaIYI Mexican, Puerto Rkan, etc.} Wt'l l to f t. Decedent's Usual Occu lion Kind of work d one dudn most of worici life. Do rat state retire 12. Was Decedent ever in Me 13. Decedent's Education (Specify Dory highest grade compl eted) 14. Marital Status. Marled, Never Married, 15. Surviving Spouse (it woe, give maiden name) Kind of Work Kind of Business/t dustry nt R t U.S. Armed Forces? Element ry /Secondary (0-12) ~ Co ge (1-4 or 5+) ~ Widowed, Divorced (SpeciyJ W1dOWed OWner aura es ^ Yes ®No 2 16. Decedent's Mailing Address (Street, city /town, state. zip code) Decedent's Did Decedent PA Live in a Tw 7 D t Li d i ^ Y d 737 W. North St. p, en ve n 1 c es, ece Actual Residence 17a. State 7mw"Ship? Carlisle Boro Cumt>erl and 17d. ®No, Decedent Lived within 17b. County Actual Limits of City /Boro t6. father's Name First, middle, last, suffix) ~ 19. Mother's Name First, middle, maiden suman>a) P ll dward Oscar Neuter ryor e Bert a Be 20a. Informant's Name ype Pnnt) J 20b. Informant's Mailing Address (Street, city !town, state, zip code) lman Jane Es~ie 737 w. North St.y Carlisle, Pa 17013 21 a. Malted of Disposition ~ ^ Cremation ^ Donation 21b. Date of Disposition (Month, day, year) 21c. Place of Disposition (Name of cemetery, crematory or other place) 21d. Location (City/town, state, zip code) ~ ® Banal ^ RemovallranState l WasCrematbnorponatbnAUthodzed 7/23/2010 Greenwood Cemetery Lancaster, PA 17603 ^ Oar . S ~ ; ' by Medical Examiner/Coroner? ^ Yes^ No acting as such) ~ 22a. Sgnatu Funs Service l.ice~ea 22b. Lcense Number 22c. Name and Address of Facility Kearney ny r ~ 014542E Orange St., Lancaster, PA 17602 141 E . ~ . Complete Hems 23ac only w certifying 23a. To the best of my knowledge, death occurred at the lime, date and place stated. (Signaure and fills) 23b. License Nurt~er 23c. Date Signed (Month, day, year) physician Is not available at time of deaM to certify cause of deaM. Items 24-26 must be completed by person 24. Time of Death C~ 25. Date Pronounced Dead (Month, day, year) 26. Was Case Referred to 1 Examiner I Coroner fa a Reason Other than Cremation or Donatbn7 who pronounces death. f ~ ~ M, ~ ~y~ (%~ ^ Yes o CAUSE OF DEATH (See inatructlona and examples) I Approximate interval: Pan II: Enter other signifaant conditions conbMufira a death. 28. Did Tobacco Use Contribute to Death? Nem 27 Part I Enter the Clain of events -diseases, injures, or compkcafions -Mat directly caused the rise DO NOT enter terminal events such as cardiac angst, ~ Onset to OeaM but na resulting in the undedying cause given in Pan I. ^ Yes ^ Probably respiratory angst, w ventricular flbriAalion without showing the etiology. List only one ra one h line. I 1 ^ No ^ Unkrawn IMMEDUITE CAUSE (Final disease a ~r I 29. If Female: condition resulting in death) _~ a - 1 :r'1.-.. '7) 'y,-4~• : v1 ~ / ~ nant within ast ear ^ Not re Due to or as a consequence of): I I p y g p nant at lima of death ^ Pre Sequenfially list conditions, if any, b ' g ^ M to the cause ksled on line a. I Enter the UNDERLYING CAUSE Due to (o( as a consequence op: l Not gn y pregnant, blot pre ant within 42 da s of deaM (disease a injury Mat inHiated the 1 c' t t 43 d 1 t b t ^ N I events resulting m death) LAST. Due to (a as a consequence of): ~ ot pregnan pregnan o year , u ays before deaM o ~ ^ Unknown H pregnant whin Hle past year . 30a. Was an Autopsy 30b. Were Autopsy Findings 31. Manner of death 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Occurred 32c. Place of Mjury. Hasa, Farm, Street, Factory, Penormed? Available Prior Io Completion '~ Cflice Building, etc. (Sped/yJ of Cause of DeaM? -~~atural ^ Homicide ^ !~ 0 ^ ^ Axldent ^ Pending Investigation 32d. Time of Injury 32e. Injury at Work? 32f. II Transportation Injury (SpecityJ 32g. Location of injury (Street, city I town, state) Yes No Yes No i ld N l be D termin d id ^ C ^ S ^ Yes ^ No ^ Driver! Operator ^ Passenger ^ Pedestilan u c e ou o e e M. ^ Other - Specify: 33a. CertHiar (check Doty one) 33b. Signature and THIe of Certifier f r • CertHying physlelan (Physk:ian certifying rouse of death when another physician has pronounced deaM and completed Item 23) death occurred due to the cause(s) and manner as shred _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ To the best of my krawbdga ~ -- ~j~ '1 ,t ,,t - ~ I , ' Pronouncing and certifying phyaicWn (Physician both pronouncing deaM and cefityir+9 to cause of death) t t t h d d _ i d d d d 3 Laerse Number ~ ~ (~ ~ r~' "7 % 33d. Date Signed ~MonM da ,year) manner as s ate, en e nause(a) an a e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ place, so ue o t To the bat of my knowledge, death occurred at the t me, • MadiulExaminerlCoroner . ( P S ~-c.. ~ ~ (~~ On the baste of examination and / or investigation, In my oplnbn, death occurred at the time, date, amd place, and due to the cause(s) end manner ae ahted_ ^ 34. Name and Addres arson Who Com use of Death (Item 27) Type P ' t 36. Registrar's Signaure and Dis ' Number l 3 I ~ 13 f S~ I ~% I ~ ~ 36. Date Filed (Month, day, year) S` - d r 1.. ~~ ~ ~ ~ f s •-c c~-- - CA , 7 - i ~tr ~ ~' c.L ,, - vi~ ) C DispositanPertnitNo. ~~v t~~ l 8/8/01 SPECIFIC BEQUEST WILL ,.,.. ~ WILL `~ _ s._«~ ADOLPH NEUBER ~/-~ ir•~ ~~ ;, _ _, _~, : , =~~ _`w~ ~"~-~ E~ _ ;-i I, ADOLPH NEUBER, presently of Owls Head, Maine, revoke _a~y'other Walls arid~~"=~i Codicils which I have made, and I make the following to be my last Will and Testament. ~ ARTICLE I DISPOSITION OF FURNITURE I give all my household furniture and furnishings, books, tableware and similar articles of ornament or use in my residence or usually kept there to my daughter, JANE N. ESHLEMAN if she survives me. If my daughter does not survive me, then I order and direct my Executor to distribute such articles as I may designate by memoranda or markings or codicils t:o the persons thereby designated, and I give full discretionary power to my Executor in respect to the remaining articles as to whether all or part shall be distributed to my grandchildren in such er~uitable manner as my Executor deems practicable or distributed as a part of my residuary estate in kind or converted into cash, with any distribution in kind being charged against the share of the distributee in my residuary estate. If any distributee is a minor when such articles are to be distributed to him or her, I authorize my Executor to deliver the articles to the person with whom the minor resides or who has the control or care of the minor, without bond, and I provide that the receipt of such person shall be a complete release to my Executor. ARTICLE II PERSONAL EFFECTS I give my jewelry and other personal effects to such persons to my daughter, JANE N. ESHLEMAN, if she survives me. 8/8/01 SPECIFIC BEQUEST WILL ARTICLE III RESIDUARY ESTATE All my residuary estate (meaning the rest and residue of the property of every kind and wherever located, belonging to me at my death, but not meaning any property which I then have only a power of appointment), I give as follows. TRUSTEE I name my daughter, JANE N. ESHLEMAN, and my son-in-law, JAMES ESHLEMAN, to be the Trustees of the trusts established and described below. If' both JANE and JAMES are unable, unwilling or cease to serve I name BANK OF LANCASTER COUNTY, N.A., Lancaster, Pennsylvania, to be Trustee. The Trustee shall serve without bond. ALLOCATION I allocate to the ADOLPH NEUBER GRANDCHILDREN Trust described below the lesser of one-half of the balance or the amount excludable from the federal generation skipping tax at the time of my death. I allocate to my daughter, JANE N. ESHLEMAN, the balance, if she is living, otherwise the balance shall also be added to the ADOLPH NEUBER GRANDCHILDREN Trust DESCRIPTION OF TRUST THE ADOLPH NEUBER GRANDCHILDREN TRUST The portion allocated to this Trust shall.be held by the Trustee under the ~~ollowing terms and conditions a. With respect to a share allocated to a grandchild or to issue of a deceased child, the Trustee shall divide the share into as many separate parts as there are grandchildren or issue then living of the deceased child, the division to be made per stirpes, and shall, with respect to each such issue and part, hold the same in trust no longer than permitted by the Pennsylvania Rule against Perpetuities, based upon the lives of descendants of mine living at the time of my death, and: 2 8/8/01 SPECIFIC BEQUEST WILL i. During minority, use, apply and expend such part, both principal and income, with power to accumulate income for the grandchild's or issue's well-being in sickness or in health and education. ii. Upon reaching majority, pay the income to the grandchild or issue and use, apply and expend principal for the well-being of the grandchild or issue, his or her spouse or children in sickness or in health and his or leer education. iii. Pay over to the issue such of the principal, in whole or in part, of his or her part as he or she may request without limitation or restriction upon reaching the age of thirty (30) years. iv. Pay over any principal then on hand upon the death of the g:ca,~idchild or issue to the grandchild's or issue's issue then living, and if tike grandchild or issue has no issue, then pay over the same to the brothers ar.~d sisters then living of the grandchild or issue and to the issue of deceased brothers and sisters, the payments to the issue then living of deceased brothers and sisters to be made per stirpes, and if the grandchild or issue has no brothers and sisters or the issue of deceased brothers and sisters then living, pay over the same in equal shares to my issue then living, per stirpes; provided, however, that any payments made to persons under this Subsection (iv) as are the currently beneficiaries of a Trust created under this instrument shall be made to the Trustee of such Trust to be held on the same terms and conditions. ARTICLE V SOURCE OF PAYMENT OF TAXES All estate, inheritance and like taxes imposed on my estate by reason of my death, with respect to any property (whether disposed of by this Will or not, but specifically excluding the tax on any generation skipping transfer of which I may be the deemed transferor) required to be included in my gross estate for tax purposes at its fair market value, shall be borne by that portion of my residuary estate. 3 8/8/01 SPECIFIC BEQUEST WILL ARTICLE VI SPENDTHRIFT PROVISION I direct to the fullest extent permitted by law that neither the income; nor the principal of any Trust herein created shall in any way or manner be liable to the control or answerable for the debts, engagements or liabilities of any of the beneficiaries thereof, or liable for any charge, encumbrance, assignment, conveyance or anticipation by them. ARTICLE VII EXECUTOR I name my daughter, JANE N. ESHLEMAN, and my son-in-law, J,~.MES ESHLEMAN, to be Executors of my estate. I excuse any nonresident Executor or Trustee from filing any bond. ARTICLE VIII FIDUCIARY AUTHORITY I give to the Executor in the settlement of my estate and to the Tru:>tee in the administration of the Trusts herein created, with respect to both real and personal property bPlnncrin~r t(1 mP ~' tY1P 1'1 P /lf yy~~ An1'~ ^^r nn +ro.~ ~+.... J.. ..il_ 1 1:a' ._biiib v .aav a~ a.aty ~.n'tv vl :r'i~ d,,~l.ll Vl u~gall Vu In arly 111arulGl LL1lG1 niy UGQ.IiI., lil aUUll1UI1 LU and not in limitation of all common law and statutory power, the following fiduciary powers, any or all of which may be exercised in discretion of the fiduciary and from time to time without the necessity of approval or leave of Court: (a) To sell, exchange, give options for or otherwise dispose of any property, at public or private sale, for cash or other consideration or on credit and upon such terms and for such consideration as they shall think fit and to transfer, grant and convey the same, free of all trusts. (b) To make such investments and reinvestments, including the acquisition of real estate, as a prudent person would make of their own property, having prirrlarily in view the preservation of the value of their estate under economic conditions as they may change from time 4 8/$/01 SPECIFIC BEQUEST WILL to time and the amount and regularity of the income to be derived, without being limited to so-called "legal investments" for trust funds under the law of the Commonwealth of Pennsylvania. (c) To take over and retain unconverted any investments, including investments in any corporate fiduciary and any other property, including jewelry, Household furniture and furnishings and personal effects and our residence, even though such property by reason of its character, amount and proportion to the total would not be considered appropriate, except for this provision. (d) To borrow money and to execute promissory notes therefor, and to secure such obligations by mortgage or pledge. (e) To renew or compromise, on such terms as they think fit, any claims, including taxes, either in favor of or against me, my estate or the Trusts; and to pay claims upon such evidence as they think sufficient. (f) To employ such brokers, banks, custodians, investment counsel, attorneys, accountants and other agents and to delegate to them such of their ministerial duties, rights and powers and the right to vote shares of stock for such periods as they think fit and to keep assets in the name of a nominee without mention of the estate or trust in any instrument of ownership. (b) To participate ir~ ary vetir~g trust, irlerger, reorga«izatior~ or consolidation and in connection therewith, to exchange any property held for other property. (h) To determine as to all sums of money and other things of value received, whether and to what extent the same shall be charged against principal or against income, including, without hereby limiting the generality of the foregoing language, power to apportion any receipt or expense between principal and income and to determine what part, if any, of the actual income received upon any wasting asset or upon any security purchased or acquired at a premium shall be added to principal to prevent a diminution of principal upon the exhaustion or sale of the asset or the maturity of the investment. (i) In dividing my estate into shares or in distributing the same, to divide or distribute in cash, in kind, or partly in cash and partly in kind, as they think fit. ]:~ or purposes of division or distribution, to value property, reasonably and in good faith, and such valuation shall 5 8/8/01 SPECIFIC BEQUEST WILL be conclusive upon all parties. To whatever extent division or distribution is made in kind, they shall, as far as practicable, allocate approximately proportionate amounts of each kind of security or other property. (j) To divide any share or trust hereunder (whether upon initial distribution or prior or subsequent thereto) into two or more shares or trusts and each such shave or trust shall have identical provisions; any such division into separate shares or trust shall be made on a fractional or percentile basis. (k) To use, apply and expend income directly to promote t?he well-being of the person entitled to the same in the event of such person's sickness, incapacity or unavailability. (1) To purchase and maintain insurances with respect to a beneficiary, including life, hospitalization and liability insurances. ARTICLE IX TERMINATION OF TRUST In the event, because of the size of a trust or share, it is not cost effective to have it subject to administration by a corporate trustee, then in that event the Trust may be terminated and the proceeds distributed to the life beneficiary. The decision as to cost effectiveness may be made by the Trustee, at its discretion, or the beneficiary muy request termination by petition or motion to Court. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my last Will and Testament thi~~~ay of,~'~~- l ~ ~ , 2001. LEfi~;e"1vi' ~""`~"~ (SEAL) ADOL NEUBER 6 8!8/01 SPECIFIC BEQUEST WILL Signed, sealed, published and declared by ADOLPH NEUBER, the above named Testator, as and for his last Will and Testament, in the presence of us, who at his request anti in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto. ..~~ ~~ ..~~ ~~ ~~..~ _~ --~ ~~--- ~~ 7 8/8/01 SPECIFIC BEQUEST WILL AFFIDAVIT AND ACKNOWLEDGMENT STATE OF ~ f~~~y~/1 / ~ ) v ) SS: COUNTY OF ~ ll /r S E~ ~ ) I, ADOLPH NEUBER, the Testator, whose name is signed to the attached Will, having been duly qualified according to law, do hereby acknowledge that I have signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ..- '-' ~ W ~ ~ ~ ~ ~ ~ j L, ~~~~ ~ ~ ~~~~~~~ the witnesses whose names are signed to the attached instrument, emg duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as lus last Will; that he signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that we were present in the hearing and sight of the Testator, we signed the Will as witnesses; and that to the best of our knowledge the Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ,_ ~ ~_ ~- ~~. ~~~`~ ~ ~CwZ Witn s "~ ADOLP ~ NEUBER -~-~.._~ ~. fitness Acknowledged, affirmed and subscribed t by ADOLPH NEUBER the Testator, and affirmed to and subscribed by the witnesses thi~~ay o ~ %`001. -z-T- Notary Public ~ County Notarial Seal Deeann M. Rivera, Notary Public Lancaster, Lancaster County My Commission Expires Dec. 4, 2004 Member, Pennsvtvania Association of Notaries 8 -., .~ -- ; . _..µ - ? ~'" '"" CODICIL TO THE WILL ~ ~` OF T, s ,~ ADOLPH NEUBER '-~ `~" _~, ~ ~. I, ADOLPH NEUBER, hereby declare the following to be a Codicil to nac~ Will r~,~ _ _ ~ ~ ; __,, ~ ~ - c_~ ,=~z dated September 20, 2001. `~' FIRST: I hereby amend my Will to add the following Specific Bequest provision: During my lifetime I began a planned giving program with my grandchildren. Beginning in December of 2002 I gave to each of my granddaughters and their :husbands annual gifts, a portion of which, an annual sum of $11,000.00 (per family), was intended to enable them to buy life insurance (whole life, universal life or term, as they c;hoose) on their own lives (my granddaughters and/or the lives of their husbands), for the benefit of their families. I had hoped to continue this plan for 10 years . If my death has occurred before I have given these gifts for 10 years, I direct my Executor to distribute to my grandchildren named below, or their husband if they have predeceased me, a lump sum distribution equal to the sum of annual gift tax exclusion amount in effect the year of my death for each year remaining of the 10 years from December 2002 during which I had intended to make gifts, with the hope and expectation that they will use such sum to prepay or continue to pay insurance premiums. Sara Jane Leone, if living, otherwise Scott A. Leone, her husband Naomi Ruth Nolte, if living, otherwise William R. Nolte, her husband Elizabeth A Southwick, if living, otherwise Ronald A. Southwick, her husband SECOND: I hereby amend ARTICLES I, II, III and VII of my Will to correct the names of JANE N. ESHLEMAN and JAMES B. ESHLEMAN to be JANE N. E5HELMAN and JAMES B. ESHELMAN. LASTLY: In all other respects, I ratify and confirm my Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last Will and Testament this day of , 2006. ADOL H NEUBER Signed, sealed, published and declared by ADOLPH NEUBER, the above named Testator, as and for a Codicil to his last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto. ~-..- ~~ AFFIDAVIT AND ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: I, ADOLPH NEUBER, the Testator, whose name is signed to the attached Codicil, having been duly qualified according to law, do hereby acknowledge that I have signed and executed the instrument as a Codicil to my last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. \ ---~ W ~ a ° ' the witnesses whose names are signed t t e attached instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute t:he instrument as a Codicil to his last Will and Testament; that he signed willingly and executed it as his/her free and voluntary act for the purposes therein expressed; that we were present in the hearing and sight of the Testator, we signed the Codicil as witnesses; and that to the bf;st of our knowledge the Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. i~ Witness /~ ~~ ~s~~~~ ~ Witness Testator Acknowledged, affirmed and subscribe to by ADOLPH NEU ER, the Testator, and affirmed to and subscribed by the witnesses this day of , 2006. n ~~I Notary Public My commission expires: QQ~NIpNWEALTH GF PENNSYLVANIA NotariaW Seal D9aa~n M. Rivera, Notary Public cry O>: Lanoaster, Lancaster County 3 My Commission Expires Dec. 4, 2006 Member, Pennsylvania Elssociation Of Notaries