HomeMy WebLinkAbout09-28-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Marjorie L. Rumpf
Late of the Borough of Carlisle
Cumberland County, PA
File Number 21-11- r Dad
Social Security Number 410-34-8067
Petitioner, who is 18 years of age or older, applies for:
Probate and Grant of Letters Testamentary and aver that Petitioner is the Executor named in the last Will of the
Decedent dated May 3, 2007.
Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument
offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as
defined in 23 Pa.C.S. § 3323(g).
Decedent was domiciled at death in Cumberland County, Pennsylvania with her last principal residence at Forest
Park Health Center, 700 Walnut Bottom Road, Carlisle, PA 17013.
Decedent, then 83 years of age, died on September 6, 2011, at Forest Park Health Center, 700 Walnut Bottom Road,
Carlisle, PA 17013.
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $1 200,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 175.000.00
situated as follows: 51 Kenwood Drive, Carlisle, PA 17013
Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of
letters in the appropriate form to the undersigned:
Signature
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Typed or printed name and residence
Robert H. Rumpf
59 Magaw Avenue
Carlisle, PA ] 7015
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA SS: •
COUNTY OF CUMBERLAND ~
The Petitioner above-named swears or affirms that the statements in the foregoing petition are true and
correct to the best of the knowledge and belief of petitioner andcordin s toelaw.al representative of the above
Decedent, Petitioner will well and truly administer the estate ac g
Sworn to or affirmed and subscribed
before me tJ~is ~ day of
2011
F~t~e Register
~/~ ~ ~ ~0
Robert H. Rumpf
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DECREE OF PROBATE AND GRANT OF LETTERS
f M r'orie L Rumpf, Deceased
File Number 21-11-
Estate o a J
~.~ n a ~ ~~ ~ ~,1 ~DI~ , 2011, in consideration of the foregoing Petition,
AND NOW ~~
roof Navin been pr sented before me, IT IS DECREED that Letters Testamentary are hereby granted
satisfactory p g
to Robert H. Rumpf in the above estate and that the instrument da d May 3, 2007, described in the Petition e
admitted to probate and filed of record as the last Will of Decede ~ • ~ ~ ~ -
FEES
Letters .................. $_~~
Short Certificate(s) ........ $___~7=~~
Renunciation(s) .. • • • • • • • • • $---~_
~a ~~~ 1 I ... $~~~
... $__
... $_~
... $~---
... $~--
... $~~
TOTAL .......... $_-~~~s~-
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Attorney Signature: w` "-~
Attorney Name: Wa e F. Shade, Esquire
Supreme Court ID No.: 15712
53 West Pomfret Street
Address:
Carlisle, PA 17013
Telephone: 717-243 -0220
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OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this ~ertii~icare. S6.Op
_ P 17_28085_
Certification Nwnber
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H105-143 REV 712006
TYPE /PRINT IN
PERMANENT
BLACK INK
1. Nerve d Decetlent (Fmt, mMz
s. Age (feat BMhmr)
- 83
Yrs.
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
sums) STATE FILE NUMBER
Marjorie L . RUmpf z. ~ 3. Sor °I Sewdly Nwber 4. Date
Female 410 _ 34 _ 8067
gar „e.r ....-. ~. . ~ ._ . _......
0eya I llpaa I Mnwee
ac. city, lmro rwp. d Deem
Carlisle
R inter d ~` KMdd Buawssn
eg ec~ Nurse Public Sch
16. Decedent's Mailing Atldress (SUeet, dry /town, state, zip code)
59 Magaw Avenue
Carlisle, PA 17015
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6, 2011
Nov. 28, 1927 Trenton, NJ Hoapnel: ~ omer
^ InpatleM ^ ER /Outpatient ^ DOA ~] Nursing Home ^ ReskkmGe ^ omw - Spetily:
% FadNy Name (N nd iwtlWliorl, ghw street and numMr) 9. Was Decedent o1 HbpaniG Origin?
Forest Park Health Center of Tae, 4pedy caMn, ~ "° ^ vea to. Race: American lwbn. aleck, wlare, arc.
Mexican, Pwne Rroan, ero.) (~aab1
wle retl 12. Wes Dewdem ever in Me 13. Decetlenl's Eeucetion White
U.S. Arced Forces? (~°CnY 0°iY highest gretle cwnpbled) 14. Martial Status: Martietl, Never Martieq 15. Survnkg Spouse (II wde, gNe maitlen name)
ntlustry Elemenbry /Secondary (D12) Cortege (id or 5v) WidON'Bd~ p^'o~ ISpewryl
ool ^ YBS ~"° 4 Married Robert H. R f
Decedenrs PA Did Deweenl
Actual Reskknce na. SMte live ro a pp, S . Mlddl r+rt
7D. Coo Cumberland Tpwnship? L Yes, Decedent Lived in
Twp.
^ry 17d. ^ No, Decedent LNed whhin
16. Fathers Name (Fst, middle, last, suffix) Ac1ua1 ~n°s °I City/Boo
Frederi.Ck H . Wolf 19. Motlrers Name (First, ntiddle, maiden aumatw)
Celia L die So
20a. Inlammnl's Name jType / Print) Y pliers
Robert Rumpf 20h. lnlamanre Matting address (street. dry / rown, abre, :Q coda)
21a Mdhodd 59 Magaw Avenue, Carlisle, PA 17015
UsW°dxxn ^ Cremalbn ^ Donetim 21 b. Dab a Disposition (Madh, day, yeeq 21 c. Pbce d Db
Burial ^ Removal hen 3bre i Wee CrmteMn or DarWbn Autltodad Poeidon (Name of cemetery, vemerory a dwr paoel 21 d. Location (City/bwn, state, zip code)
^ OMer~ ~ . r byMedkalExaminer/COrowrT ^ Yes^ No September 12, 20 1 Cui[Iberland Valley Memorial Carlisle, PA 17013
22a ~ e d Funeel Service ~ a person aging as such) 226 license Numbs -
23b. license Nwnber 23c. Oare Signed (Monts. day, yeart
26. Was Case Referred to Madk l Examiwr / Carver fa a Ressm Otlrer Men Cremation a Donafion7
^ yes
but not rasuMrtg m dta uwaMyMg cause gNen M Pan
LJ Vea LJ ProMbry
^ No [~ ~nlogwn
29. ~I-f Fae~male:
- LTfYd pregwnt wiMM pest year
^ Pregnad at time d deem
^ Nd pregnant, dN praynant wiNin 42 tlays
d deem
^ Not pregwd, Wt pregnant 0.3 tlays to t year
before tleeM
^ Unknown it pregnant wmti, the past year
32c. Pbce d Mjuty Hans, Ferm, Swet, Factory,
orctce eaknng.9lc. Isoedhl
dry / rown, stare)
,--,/ of Cause d Deets? Netwal ^ Hanitlde
^ Vas L7 No ^ vea Q'NO ^ ACCroB^I ^ Panenq Irrvaaegation std. raw d Injury Sze. Iryury at wok? 321. n rmrupataban Irywy /spadyl
^ sdax ^ cwdd Nd M Deremr ^ ^ ^ Dnver/aperela ^ P ^
71c. Name end Adereea d Fadliry HO m2
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Comp) Hama 23ec any when cenat4na 23a. To Me lieu d ifruwledga, deem ecaned al time, eats and 219 NOrtt
N na available at brw d dwM m ~ ~t~~ (SlpnaNre aM floe)
t&tlly cause d deem. ~~ ~~/)
Hera 2426 must M canprered by perecn 24. Time d DeaM 25. Dale Pmwtnced Owtl (MwM, daY. Year)
wM prorpunces death. ? C
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CAUSE OF DEATH (Sea InetruMiona and asamples) r Approximate Mbrvt
Item 27. Pen is Enbr its tMao of evenre- deeeses, injuries, w cemPkcetiau ~ Mal drrxdty cewcetl dte tlwM. DD Nor sorer remtiwl events such es cerdac arreW,
respiretary erred a ventricdar M1DriMtron wklwul showing Me atlobgy. LW anry are ceusa on each lime. Owd ro Deets
IMMEDIATE CAU Final du ~or a ~'
cprlddim resubing~m ~M) t
I
wv w-tor as a corsequence oq. r
SeauerltleM list cwldtlons, it any, b.
lee~dinp bUMNDE~RIwVN~IC, ~pUSME °' Duero (w as a consequence ofj:
(diseeae a burry Mel infieted Me r
evenre resdlFg ro deem) UST. °~ t
Duero (a u e consequence oQ: i
d
30a. Wes an Autopsy 30b. Were Awapry Fxtrigs 31. Manner of.peaM 32a. pare d Irpury (Mash, da , t
Pedwmetl? Aveilehre Pria b Cortgbtim L-7/" Y YeaA 326. Descdbs Haw InNry Omurred
wd M. Yes No assengar PeeesMen
r ~ SlredN..
¢, 33e. Cerdf (dick way ow)
~' • Csnnylnp physiden (Phlwkdan certilyktg cause d deem when enoawr pRyeicien bee PwtanGed wets end Completed Item 23) 33b. Slgretirre end Titb d Certlflar ,~
To tM Mat a my k^e'.bdga. dwM oceumd aw to me oawge) end mrnw u+tatad' _' _ _ ~ !'ice`
Prarounchq srM awlllylnp phyelclen (PhYSicbn hM praxwrckg dots end certNtAng b cewe d dwM) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3&. Uwnse NwiMr 33d. Date Sigwd (Mwdh,
o To tM Mat d my knowledge, dents occurred al dr dme, dale, end pbn, and dw ro tM cause(s) sM manner es steted_ _ _ _ _ _ _ _ ^
w Aletlicd Exerrthter/Camper _ _ _ _ _ _ _ _ _ _ U ! ' 1 D a // Q ~ ,
o On the Ms4 d sxmmadon sM I a MveeBgeMn, in my opinlwl, death occurred N tln Gme, dde, aM place, and dw to tM eauea(aj ana manner e° gated- ^ 7 V
0 34. Name aw Adaess d Pereon Who Canpbl@d Ca dDae ~~em 271 Type /Pmt
35. Registers re and D~a\~i\q r ~ J/J / U fir/ ~~~
- R ~•L.~x Lsri I 1 ~ e'X ~ t ~ U ~ ,-~1~~~ ~ M. deyAyear) , ~ C ~~ , l~ ~ G ~~ S r
Disposition Permit No. y~(~I__}_`~j
LAST WILL AND TESTAMENT
I, MARJORIE L. RUMPF, of the Township of North Middleton, County of
Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind,
memory and understanding, do make, publish and declare this as and for my Last Will
and Testament, hereby revoking and making void all former wills ~d codicils-~y me at,__
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anytime heretofore made. t ,
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FIRST. I order and direct that all my just debts and funeral exp~>rt'ses be paid .by ;
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my personal representative or representatives, hereinafter named, a~ ~o~n as conver~.iently
• may be done after my decease.
SECOND. I give, devise and bequeath my interest in the real esta
to premises
known and numbered as 51 Kenwood Drive, Carlisle, Cumberland County, Pennsylvania,
and the contents thereof unto my husband, ROBF;RT H. RUMPF, if he survives me. If he
should fail to survive me, I order and direct that the same be distributed as part of the
residue of my estate.
THIRD. In the event that my husband, ROBERT H. RUMPF, should fail to
survive me, I give, devise and bequeath the residue of my Estate, real, personal and
mixed, whatsoever and wheresoever situate unto ORRSTOWN BANK, of Carlisle,
Pennsylvania, its successors or assigns, as Trustee in trust, to be held, administered and
WAYNE F. SHADE
Attorney at Law distributed in accordance with the terms and provisions of the residuary trust as set forth
53 West Pomfret Street
Carlisle, Pennsylvania
"0'3 hereinbelow.
FOURTH. In the event that my husband, ROBERT H. RUMPF, should survive
me, I give, devise and bequeath assets from my residuary estate to my husband, absolutely
and in fee simple, valued as of the date allocated or distributed, selected by the Trustee,
equal in value to an amount which, when added to the final estate tax value of all other
property included in any gross estate which passes to my husband and which qualifies for
the federal estate tax marital deduction, will entitle my Estate to the minimum federal
(~. estate tax marital deduction, allowable in determining the federal estate tax payable by
i reason of my death, necessary to reduce my taxable estate to an amount on whic
h no
' federal estate tax is due and the federal unified credit available to my Estate is fully
utilized; provided that the aforesaid devise and bequest to my husband shall be satisfied
only from assets qualifying for the marital deduction.
I give, devise and bequeath the remaining portion of my residuary estate,
hereinafter referred to as the "Residuary Trust", to my husband, in trust, to be held,
administered and distributed by the Trustee, as follows:
A. PAYMENT AND DISTRII3UTION OF RESIDUARY TRUST
Payment of Income and Principal to Husband
(1) The Trustee shall pay to or apply for the benefit of my husband during his
lifetime all of the net income of the Residuary Trust in monthly or in other convenient
wAn.,E F. SHADE installments, but in no event less often than annually. If at anytime in the discretion of the
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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Trustee my husband should be in need of additional funds for his proper maintenance and
support, then the Trustee, in addition to the income payments hereinabove provided, shall
in the discretion of the Trustee pay to or apply for the benefit of my husband such
amounts from the principal of the Residuary Trust, up to the whole thereof, as the Trustee
from time to time may deem advisable.
Division of Trust Estate
(2) On the death of my husband, the Trustee shall distribute the trust assets of the
Residuary Trust unto my children, REBECCA A. MOVER, FREDERICK H. RUMPF
and THOMAS A. RUMPF, in equal shares. If any of my children should fail to survive
me, I order and direct that the Trustee shall administer and distribute his or her share to
such of my issue who shall survive me, in equal shares, by representation and not per
capita, under the terms of this Residuary Trust. In such event, each share shall constitute
and be held, administered and distributed by the Trustee as a separate Trust.
Distribution of Trust Estate
(3) The Trustee shall apply and distribute the net income and principal of each of
the shares of the trust estate, as follows:
(a) Until a beneficiary shall reach the age of twenty-five (25)
years, the Trustee shall pay to or apply for the benefit of the
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
beneficiary in monthly or other convenient installments so much of
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the net income from his or her share of the trust estate, up to the
whole thereof, as the Trustee in its discretion deems advisable for the
beneficiary's proper care, support, maintenance and education. At
the end of each year the Trustee shall accumulate and add to the
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principal of each beneficiary's share of the trust estate the balance, if
any, of the said net income.
(b) When a beneficiary shall attain the age of twenty-five
(25) years, the Trustee shall distribute to such beneficiary all of the
balance of his or her share of the trust estate.
(c) If at anytime in the discretion of the Trustee, a beneficiary
shall be in need of funds for his or her proper care, support,
maintenance and education, the Trustee shall in its discretion, in
addition to the payments hereinabove provided, pay to or apply for
the benefit of such beneficiary such amounts from the principal of
his or her share of the trust estate, up to the whole thereof, as the
Trustee may from time to time deem advisable.
(d) If any beneficiary for whom a share of the trust estate has
been set aside should fail to survive to distribution of the full balance
of his or her trust estate, then on the death of such beneficiary, the
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
1013
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Trustee shall distribute all of the balance of such deceased
beneficiary's share of the trust estate to his or her surviving issue, if
any, in equal shares, by representation and not per capita. If there
should be no surviving issue, then all of the balance of such deceased
beneficiary's share of the trust estate shall be added equally to the
shares and partial shares set aside for the benefit of my other children
and the issue of any deceased child of mine. As to distribution to the
share of a previously deceased child, it shall be by representation and
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not per capita.
Maximum Duration of Trust
(4) All of the Trusts established herein shall in any event terminate on the
expiration of twenty-one (21) years after the death of the last survivor of all my children
in being at the time of my death.
Definitions
(5) The following terms, as used in this my Last Will and Testament, shall be
defined, as follows:
(a) The term "children" as it applies to my children, includes
REBECCA A. MOYER, FREDERICK H. RUMPF and THOMAS
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
A. RUMPF.
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(b) The term "issue" means lawful blood descendants in any
degree of consanguinity of the ancestor designated, and includes any
persons who may be adopted by final decree of adoption by my issue
at my date of death. The inclusion oi~ remote descendants in the
definition of issue shall not be construed to include such remote
descendants in distribution that is directed by representation where
there are descendants in their line of descent within closer degrees of
consanguinity.
(c) All references to the "Trust" or the "trust estate" unless
otherwise specifically provided herein, refer, in the event of separate
Trusts herein, to each of the separate 'Trusts herein provided,
respectively, and the trust estate of each Trust.
(d) The term "education" includes both college and post-
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
graduate study at any accredited institution of the beneficiary's
choice for any period of time that in the judgment of the Trustee is
advantageous to the beneficiary; the "Trustee shall provide adequate
amounts for all related living and travel expenses of the beneficiary
within reasonable limits.
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Beneficiaries' Other Means of Support
(6) The Trustee in exercising its discretionary authority with respect to the
payment of income or principal of the trust estate to any beneficiary shall take into
consideration any income or other resources available to such beneficiary from sources
outside of this Trust that may be known to the Trustee. The Trustee may accept as final
and conclusive the written statement of the beneficiary receiving payment as to other
available income or resources. The determination of the Trustee with respect to the
advisability of making payments out of income or principal to any beneficiary shall be
conclusive on all persons interested in the Trust.
Benefits to Guardian and Family
(7) The Trustee is hereby specifically authorized to distribute to any person
nominated in this my Last Will and Testament and serving as Guardian of the person of
any beneficiary of this Trust until the beneficiary shall reach the age of eighteen (18)
years to utilize such funds from this Trust as are reasonably necessary to offset any
economic burdens occasioned to the Guardian by virtue of acting in such capacity.
Incapacity of Beneficiary
(8) If at anytime any beneficiary entitled to receive income or principal from the
WAYNE F. SHADE
Attorney at l,aw
53 West Pomfret Street
Carlisle, Pennsylvania
17013
trust estate shall be a minor or an incapacitated person or a person whom the Trustee shall
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deem unable to handle funds properly or wisely if paid directly to the beneficiary, the
Trustee in its discretion may make payments in any one or more of the following ways:
(a) Directly to the beneficiary;
(b) To the natural guardian or legally appointed guardian of
the person or estate of the beneficiar}-; or
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(c) By making expenditures directly for the care, support,
maintenance or education of the beneficiary.
The Trustee shall not be required to see to the application of any funds paid or
applied in any of the aforementioned ways and the receipt of the payee shall be full
acquittance to the Trustee. The decision of the Trustee as to which of the aforementioned
methods should be used in making payments shall be conclusive and binding on all
parties concerned.
Undistributed Payments to Succeeding Beneficiary
(9) Upon termination of the right of any beneficiary to receive payments from net
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Penns~~lvania
17013
income or principal hereunder, all such payments accrued or undistributed by the Trustee
at the date of such termination shall be distributed to the beneficiary next entitled to the
successive interest by the terms of this my Last Will and Testament.
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Conflicting Claims
(10) Whenever there are conflicting claims as to the person entitled to any
payment or distribution from the trust estate, the "Trustee may in its discretion withhold
without payment of interest all or any part of any disputed payment or distribution until
the matter has been finally adjudicated by the appropriate court.
Alienation and Attachment of Beneficiary's Interest
(11) No beneficiary or remainderman of any Trust shall have any right or power,
except as otherwise specified, to sell, transfer, assign, pledge, mortgage, alienate or
hypothecate his or her interest in the principal or income of the trust estate in any manner
whatsoever. To the fullest extent of the law, the interest of each and every beneficiary
and remainderman shall not be subject to the claims of any of his or her creditors or liable
to attachment, execution, bankruptcy proceedings or any other legal process. The Trustee
shall pay, disburse and distribute principal and income of the trust estate only in the
manner provided for in this my Last Will and Testament and not on any attempted
transfer or assignment, whether oral or written, of any beneficiary or remainderman or by
operation of law.
Distribution of Trust Assets by Executor
(12) If on termination of the administration of my probate estate there has been no
WAYNE F. SHADE
Attorney at l.aw
53 West Pomfret Street
Carlisle, Pennsylvania
17013
distribution in trust to the Trustee and events have occurred which would require the
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a
Trustee under the terms of this my Last Will and Testament to make immediate
distribution of my entire estate, my personal representative shall perform all of the acts
necessary to complete such distribution and for that purpose shall have all the powers
granted herein to the Trustee.
B. GENERAL ADMINISTRATIVE POWERS OF THE TRUSTEE
In order to carry out the purposes of any Trust established in this my Last Will and
Testament, the Trustee, in addition to all other powers and discretions granted herein or
by law, shall have the following powers and discretions, subject to any limitations
specified elsewhere herein:
Retain Assets
(1) To continue to hold any and all property received by the Trustee or
WAYNE F. SHADE
Attorney at law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
subsequently added to the trust estate or acquired pursuant to proper authority including
shares of Trustee's own stock and stock in any corporation controlling, controlled by or
under common control with the Trustee if and as long as the Trustee, in exercising
reasonable prudence, discretion and intelligence, shall consider that the retention is in the
best interests of the Trust; provided, however, that unproductive property shall not be
retained as an asset of the Trust for more than a reasonable time during the lifetime of my
husband without the written consent of my husband.
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Investments
(2) To invest and reinvest in every kind of property, real, personal or mixed, and
every kind of investment, specifically including, but not by way of limitation, corporate
obligations of every kind, and stocks, preferred or common, which persons of prudence,
'`b discretion and intelligence ac uire for their o
q wn accounts, including any common trust
- fund administered by the Trustee pursuant to the Uniform Common Trust Fund Act.
Management of Securities
(3) To exercise, respecting securities held in the trust estate, all the rights, powers
and privileges of an owner, including, but not limited to, the powers to vote, give proxies
and pay assessments and other sums deemed by the Trustee necessary for the protection
of the trust estate; to participate in voting mists, pooling agreements, foreclosures,
reorganizations, consolidations, mergers anti liquidations, and in connection therewith, to
deposit securities with and transfer title to any protective or other committee under such
terms as the Trustee may deem advisable; to exercise or sell stock subscription or
conversion rights; and to accept and retain as an investment any securities or other
property received through the exercise of any of the foregoing powers, regardless of any
limitations elsewhere in this instrument relative t~~ investments by the Trustee.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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Form of Ownership of Trust Property
(4) To hold securities or other trust property in the name of the Trustee as Trustee
under each Trust or in the Trustee's own name or in the name of a nominee or under such
conditions where ownership will pass by delivery.
Business Interests
(5) To continue and operate, to sell or to liquidate, as the Trustee shall deem
advisable at the risk of the trust estate, any business or partnership interests received by
the trust estate; provided, however, that unproductive property shall not be retained as an
asset of the Trust for more than a reasonable time during the lifetime of my husband
without the written consent of my husband.
Sell and Exchange
(6) To sell for cash or on deferred payments at public or private sale, to exchange
and to convey any property of the trust estate.
Division of Trust Estate
(7) On any division of the trust estate into separate shares or trusts, to apportion
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
and allocate the assets of the trust estate in cash or in kind, or partly in cash and partly in
kind, or in undivided interests in the manner deemed advisable in the discretion of the
Trustee; after any division of the trust estate, the 'Trustee may make joint investments with
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funds from some or all of the several shares or Trusts, but the Trustee shall keep separate
accounts for each share or Trust.
~} ' Abandonment of Trust Assets
(8) To abandon any trust asset or interest therein in the discretion of the Trustee.
~~ Option
(9) To grant an option involving disposition of a trust asset and to take an option
for the acquisition of any asset by the trust estate.
Lease
y
(10) To lease any real or personal property of the trust estate for any purpose for
terms within or extending beyond the duration of any Trust.
Property Management
(11) To manage, control, improve and repair real and personal property belonging
to the trust estate.
Development of Property
(12) To partition, divide, subdivide, assign, develop and improve any trust
property; to make or obtain the vacation of plats and adjust boundaries or to adjust
differences in valuation on exchange or partition by giving or receiving consideration;
and to dedicate land or easements to public use w ith or without consideration.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-13-
Repair, Alter, Demolish and Erect
(13) To make ordinary and extraordinary repairs and alterations in buildings or
other trust property, to demolish any improvements, to raze party walls or buildings and to
erect new party walls or buildings as the Trustee shall deem advisable.
Borrowing and Encumbering
(14) To borrow mone f
y or any trust purpose from any person, firm or corporation,
including one acting as Trustee hereunder, on the terms and conditions deemed
appropriate by the Trustee and to obligate the trust estate for repayment; to encumber the
trust estate or any of its property by mortgage, deed of trust, pledge or otherwise, using
whatever procedures to consummate the transaction deemed advisable by the Trustee; and
to replace, renew and extend any encumbrance and to pay loans or other obligations of the
v
trust estate deemed advisable by the Trustee.
Natural Resources
(15) To enter into oil, gas, liquid or gaseous hydrocarbon, sulphur, metal and any
and all other natural resource leases on terms deemed advisable by the Trustee, and to
enter into any pooling, unitization, repressurization, community and other types of
agreements relating to the exploration, development, operation and conservation of
properties containing minerals or other natural resources; to drill, mine and otherwise
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Stree[
Carlisle, Pennsylvania
17013
-14-
operate for the development of oil, gas and other miner
als; to contract for the installation
and operation of absorption and repressuring plans; and to install and maintain pipelines.
Insurance
(16) To procure and carry at the expense of the trust estate insurance of the kinds,
forms and amounts deemed advisable by the Trustee to protect the trust estate and the
Trustee
against any hazard.
Enforcement of Obligations
(17) To enforce any deed of trust, mortgage or pledge held by the trust estate and
to purchase at any sale thereunder any property subject to any such obligation.
Extending Time of Payment of Obligations
(18) To extend the time ofpayment of anv note or other obligation held in the
Adjustment of Claim
(19) To compromise, submit to arbitration, release with or without consideration,
trust estate, including accrued or future interest, in the discretion of the Trustee
or otherwise adjust claims in favor of or against the trust estate.
Litigation
(20) To commence or defend at the expense of the trust estate any litigation
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
affecting each Trust or any property of the gust estate deemed advisable by the Trustee.
-15-
Administration Expenses
(21) To pay all taxes, assessments, compensation of the trustee and all other
expenses incurred in the collection, care, administration and protection of the trust estate.
Employment of Attorneys, Advisers and Other Agents
(22) To employ any attorney, investment adviser, accountant, broker, tax
~~ specialist, appraiser or any other agent deemed necessary in the discretion of the Trustee•
and to pay from the trust estate reasonable compensation for all services performed by
~~
any of them.
Termination by Trustee of Small Trust
~ (23) To terminate in the discretion of the 'trustee any separate Trust held for an
income beneficiary and remainderman if the fair market value of the separate Trust at
_~~ anytime shall become less than $10,000 and, regardless of the age of the income
beneficiary, to distribute the principal and any accrued or undistributed net income to the
income beneficiary, or unto his or her guardian or other fiduciary.
Distribution
(24) On any partial or final distribution ol'the trust estate, to apportion and
allocate the assets of the trust estate in cash or in kind, or partly in cash and partly in kind,
or in undivided interests in the manner deemed advisable at the discretion of the Trustee
and to sell any property deemed necessary by the Trustee to make the distribution.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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General
(25) To do all the acts, to take all the proceedings and to exercise all the rights,
powers and privileges which an absolute owner of the property would have, subject
always to the discharge of its fiduciary obligations; the enumeration of certain powers
herein shall not limit the general or implied powers of the Trustee; the Trustee shall have
all additional powers that may now or hereafter be conferred on it by law or that may be
necessary to enable the Trustee to administer each Trust in accor
dance with the provisions
of this my Last Will and Testament, subject to any limitations specified herein.
Powers Inconsistent with iVlarital Deduction
(26) None of the powers or discretions ranted in an
g y provision in this Will to the
Trustee shall be exercised in a manner inconsistent with the allowance of the federal
~~ estate tax marital deduction, to which my Estate would otherwise be entitled, regardless
ri of any provision herein to the contrary.
J
C. OPERATIONAL PROVISIONS
Determination of Income and Principal
(1) Subject to the right of my husband to give controlling directions, the Trustee
shall have power to allocate receipts, disbursements and losses to principal or to income,
in accordance with generally accepted accounting practices. However, the Trustee shall
WAYNE F. SHADE make no allocation of any receipt to princip~il or piny disbursement to income if such
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-~ 7-
allocation would result in my husband's receiving less income from the Marital Trust or
legacy and residuary trust than that to which he otherwise would be entitled under
Pennsylvania law if there were no provision in this instrument dealing with such
allocations.
Trustee's Fees
(2) The Trustee shall receive reasonable fees for the ordinary and extraordinary
services rendered by it in accordance with its customary charges therefor.
Waiver of Trustee's Bond
(3) No bond for the faithful performance of duties shall be required of any person
named in this Will as Trustee.
Choice of Law
(4) The validity and administration of any Trust established herein and all
questions relating to the construction or interpretation of any such Trust shall be governed
by the laws of the Commonwealth of Pennsvlvania in effect as of the date hereof.
FIFTH. All estate, inheritance and succession taxes, together with any interest
and penalties thereon, payable as a result of my death and imposed with respect to any
property, whether or not disposed of by this Will, shall be paid out of the Residuary Trust
set forth hereinabove.
WAYNE F. SHADE
Attorney a[ Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
g-
SIXTH. If any beneficiary or remainderman under this my Last Will and
~b
3
Testament shall in any manner, directly or indirectly, contest or attack this my Last Will
and Testament or any of its provisions, without being able to establish probable cause
therefor, any share or interest in my Estate or in the estate of any Trust established herein
and given to that contesting beneficiary or remainderman herein is hereby revoked and
shall be distributed in the same manner provided herein as if that contesting beneficiary or
remainderman had predeceased me without issue. The act or conduct of anyone related,
by blood or marriage or adoption, to the beneficiary or remainderman as above shall be
deemed to be the act of the beneficiary or remainderman.
SEVENTH. For the purposes of this my Last Will and Testament, a person shall
not be deemed to have survived me unless he or she shall have survived me by more than
ninety (90) days.
LASTLY. I nominate, constitute and appoint my husband, ROBERT H. RUMPF,
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
to be the Executor of this my Last Will and 'Testament, but if, for any reason, he should
fail to qualify as such Executor or decline or cease so to serve, I nominate, constitute and
appoint my children, FREDERICK H. RUMPF, 1ZEBECCA A. MOYER and THOMAS
A. RUMPF, as successive alternate personal representatives hereof, all to serve without
bond.
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IN WITNESS WHEREOF, I, MARJORIE L. RUMPF, have hereunto set my hand
and seal to this, my Last Will and Testament which consists of twenty-two (22)
typewritten pages to each of which I have al-fixed my signature, this 3rd day of
May , A.D. Two Thousand Seven (2007).
~-~
~~,
(SEAL)
Marjorie L. Rumpf
The preceding instrument, consisting of this and twenty-one (21) other typewritten
i pages, each identified by the signature of the Testatrix, was on the date thereof signed,
sealed, published and declared by MARJORIE L. RUMPF, the Testatrix, therein named,
as her Last Will and Testament, in the presence of us, who, at her request, in her presence,
and in the presence of each other, have subscribed our names as witnesses hereto.
G~~~u~ ~'~ ~~~-e
~flLa~- 77 ~~~ L
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-20-
Acknowledgment
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND ) SS:
I, MARJORIE L. RUMPF, the person whose name is signed to the foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last W"ill and Testament and that I signed it
willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by NIARJORIE L. RUMPF,
this 3rd day of_ Ma , 2007.
`~ ~ l '
Ma .jorie L. Rumpf
7
-~~-
Notary Publ'
GpMMO~NWFgLTH
OF P~NNSYLVgNIq
CONNIE 0 TRITT, No~L p
Carlisle Boro., Cum ry ublic
Berland Count
My Commission Expires October 5, Zppg
Affidavit
WAYNE F. SHADE
Attorney at Law
53 Wesi Pomfret Street
Carlisle, Pennsylvania
17013
COMMONWEALTH OF PENNSYLVANIA )
~OUNTY OF CUMBERLAND ) SS:
We, _Wayne F Shade and Helen H. Shade ,the witnesses
vhose names are signed hereto, being duly qualified according to law, do depose and say
hat we were present and saw the Testatrix sign and execute the instrument as her Last
Will and Testament; that the Testatrix signed willingly and executed it as her free and
-21-
voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the Testatrix signed the Will as a witness; and, that to the best of our
knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind
and under no constraint or undue influence.
Sworn to or affirmed and subscribed to before me by Wayne F. Shade
and Helen H. Shade ,witnesses, this 3rd day of May
2007.
~-~
~~ /~~~~~
L~~
. ~~
Notary Pu lic
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CONNIE J. TRITT, Notary Public
M Carlisle Boro., Cumberland County
y Commission Expires October 5, ZOQt3
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-22-