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Home My WebLink About11-02-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS -~, _~ Estate of Mary W. Elser ,Deceased ESTATE NO: 21- ~ - ~) ~ fit' a/k/a: a/k/a: a/k/a: SS NO: 184-36-6026 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: D A. Probate and Grant of Letters Testamentary or ~ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary under the last Will of the above-named Decedent, dated 2/7/1997 and codicil(s) dated 9/2$/2011 (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 instruments offered for probate; was not the victim of a killing, 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.A. § 3323(g): p B. Grant of Letters of Administration (If applicable, enter d.b.u., pendent lite, durante absentia, duraute minoritate) C. 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 (lf Administration c.t.a. or d.b.n.c.t.a., enter date of Will in Section A and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A.. § 3323(g), except as follows:- -a~ THIS SECTION MUST BE COMPLETED: ~ -~i ' `- - Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence"' T; At 325 Wesle Drive A t#3128 Mechanicsbur Lower Allen Townshi PA 17055 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 101 years of age, died Estimated value of decedent's property at death: If domiciled in PA If not domiciled in PA If not domiciled in PA Value of Real Estate in Pennsylvania 10/25/2011 at Mechanicsburg, PA (Month, Day, Year of death) (City and State where death occurred) All personal property $ 200,000.00 Personal property in Pennsylvania $ Personal property in County $ Total Estimated Value $ 200,000.00 of Rea~Estate in Pennsylvania: (Provide full address if possible.) Name(s) & Mailing Address(es) Robert C. Elser 1183 Wyndham Drive York, PA 17403 m Fonn RW-02 revised 12 ?6.10 by Cumberland County pending action by the Page 1 OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petiti (s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer he es ate according to law. Sworn to or affirmed and subscribed ;--~ - _ _ before me this _ ,~ day of _~- r~ _ l.. ~~~4~ti`~~ ,~" ? _ r ._ s~ .. - ,. For the Register ~ _ - -~ ~ ~, 4_. DECREE OF PROBATE AND GRANT OF LETTERS Estate of Mary W Elser ,Deceased File Number: 21-~_- 1~_ r~ ~t%i ~ :~~~ 1~ , in consideration of the Petition on AND NOW, this ~~ day of ~~ U ~ .l 1 1- ~~_ b , the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ ''T'estamentary - of Administration are hereby granted to: (If applicable, enter e.t.a., d.b.n., d.b.n.c.t.a., etc.) Robert C.Elser in the above estate and that instruments(s) dated 02 / 0 7 / 19 9 7 , 09 / 28 / 2011 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. M n -~ Glenda Farner Strasbaugh, . ~,:~.L r~ ' `~':~~ ~r~,~~~'~~ Register of Wills ~ ~-~ ~-~'~ FEES: .~ Letters ....................$ ~~~ C ~~ Will ........................_--~-~ Codicil(s) ................. t (~;l) Short Certificates ( )Renunciations....... Bond ............................ Other ............................ ................................. Automation FEE......... 5.00 JCS FEE ................... 23.50 ~~I' TOTAL ................ $ Signature of Counsel Required to Enter~(A~ppearance Atty's Signature ~~ " PRINTED Name: Robert M. Strickler Esq. Supreme Court ID No.: 07496 Address: 110 South Northern Way York, PA 17402-3737 Phone: 717-757-7602 Fax: 717-757-3783 Page 2 of 2 (ntenm Form RW-02 revised 1226) 0 by Cumberland County pending action by tYie, Court i'. ir.1n~'A.. ,.. LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photogras;~h. Fee "tot- tiu`, cert;fi~~ate- ~(~.O0 ~ _ 1t'IFP~~N DFpF~;~~ T1)f. (~ tl rife cots. cti~~ ~ut~i.L' ) tt th a form (t1-I~ h~l~ ~!ti~•,~ ,~ ti, . 1tt~`tn~l{ (~ ttt3t~ i ~f Ue,(t1) ,1 ,~,,`~~ ~ ~.~'~~~_ ~ ;, o ~ Stu' tiled tlti~ ) . L >_,~I k~ r"I ar [ ILA 1Yn Final ~ ~ , ~, ~ - ~~ „,~ ~ ~ LCltlill'lllt l l;t ' ltiiV~ ll-CtC(t li` ItLIt [~lt" ~ ,.S(~' ~ ~ v' ~ ( ~~t t~C ef): Ct~ l~l(n-t It,. ~~CI-Ill li)L'1ll t ilii,' P 17645758 __ ~~~y ~ '~ - ~ ,, .~ ...r T = ~ _ -- L'°1`)7:1[ l~~a [~ -t -- - - --- I~):31t` 1<lfCal I~erziflLatllx; tituilber - . _ C7 - ,.., t i 7 i ~ n - _?. ~ - . I =._ ~~ - t` ; ~ .. r .~., .-, 1 ~ L ~ ,7 f""" I COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS r., ( H10S743 flEV 112006 TvPE l PRINT iN CERTIFICATE OF DEATH PERMANENT BIACK INK (See instructions and examples on reverse) STATE FILE NUMBER .~ 0 z 2 Sex 3. Sodel Secwily Number 4. Dare d},Death (MOMn, oay, year) 1. Name d Decedent (RrsL middle, last, 6uKM) ~ yL ~j `~ \ Gb .l ~ . ,~ t,Z - - ~ ~ ~ - c ~~~' ~., 5. Age (last BiNMaY) Under 1 Under 1 da 6. Date of Bits Monts. 7. Birth and slate «fore coon 8a. PMcB d DeaM Check one Hospital: Other. ' { Montle Deys lours M rMes K 'f ~ ~ ~ (O ~~u~ ~ ~~ ~ ~ Y I ~~ ^ InpeGent ^ ER / Ougatlent ^ DOA ^ Nursing Home Reswknce ^ Other - Speciy'. d ` Yrs. ~l 9. Was De6edem d Hispedc Oipyn? No ^ Yes 10. Race: American Indan, Black While. ek. 6b Camry d DeaM Bc. CKy, Borg Twp. of Deem Bd. Fe 'IiIY Name (lf rKK ireDMien, give Street ant nWrbpe) r )l (,~ G (n Yes, spBtih/ Cuban. `,, p ~1C lP1i$I.L sJ/ ~riVQ, nr o (~rM lti/If~'lj Curnberlanc~ Lew er,411~Y1 n~ttvtan~ cs b ~.vo . PN l;0 ~ 5 Mexican. Puedo Rican, ero, n rare) e tl i D • va ma e w e, S DemdenYS Usual Dan Kits of work dote d most of ~ kre. Do rid stale retvad 12. Was Deraderll ever n Me 13. DecedenYS EdxaDOn (Spedty ony highest Breda mmpleteQf 16. Medal StatllS: Monied. Never Marred. 15. Sunivirg Spouse I Widowed Divorced (Spea'yl 11 . U.S. Armed Fomes? Elementary I Secondary 1o-12) Cdlege (1.4 or SF) Kits d Busiressl IMusiry W i ~ U V1i-~ IOM d Work a 4 . 1 ~ p~_ I (~~ 1N L rk er ~~(uCU_{"1 }Y1 ^ Yes ®No l ` ('~ Did Decedent ~ ~ r ~~ ' t 1 ' D` t r I { Twp. YV 16. DecetlerRS Mading Addres6lStrnd, edY I town. state, zip code) DecetlenCS ~~ LNe ro a 17c. IO Yes. Decedem Livetl m V 3 ~ S 1U es ~ Y ~ v ~ v ~. , r~pi . 3 I a ~, Adual Re6idence ,7a s,ae Town6dp? rid. ^ Np, Decedent livW widkn ^ l ~ CkyrBnm ,Ic~r Ctl~ anDal ,ur~ u ma6 d P4 17055 ,7b.c~tlnty uCSbuk-c ~ • ,, ir~ 1~121 `,, /~ ~/ } n 18. FatlleCS Name (First, middle, last, sulfiz) /9. MoIMCS Name IF~L miMie, reader sumama) A nri c; 1 Ul' rA V } r' 1 Q i`"t ~I C Y Cs'CC)rc~- ~vrillAn Wirt 2oa. Inrormad'a Name Rme ! Prron ~~Qry E~Ser L~t~, zm. mrormw,r6 txg naareaa 1sDeeL mY! tarn, Splye~.» pMe) r. 3 G 3 13 lobo ~edar GvcvC. -2d' , t-alrbuvl~, C-- 21a. McMM of Dispositon ^ Cremation ^ Donation 21 D. Date d D' IMF, daY• Yeer) 3 I~~ o i t ; • 21 c. Place d D'aposi6on (Name d cemetery. «amarory «dhar place) ,l ltd. lnceDOn (Crty (town, stare. zip code) ~ 1 ~~} 1 ~ t f /~ u r i ~ t'c..h K (°~cv~ ~ ~~i I I V' ~ ~ n ~'V~ ~ 2 11 i ( was Dremenon « Do~un«t AulMrbetl I 0 ~ ~ ~ ^ Removal fmn Btate ^ ^ , . Q n~ . S No Yas dk•I ExaMrrrlCaroreR ` Dyak ^ gh - _ er }.~ -T ~( p aa ) 22D. Lcerue Number 22c. NMne ant Address d FadlnY q \ C,I'~i~Q-s l:l~ ~ i ~ f t . tl"l~ I ~1 ~r- I't~ tL ~` ~ f ~ t ~ ~i ~~j 22a. S' Funeral Licemee p ri~jlFVAn2YC-Y NLCr~2'"" I IYl H tVS B ~ ~ ' ~ y LA - ~ De~~,lyb / ~ /I "`r' ~ ~, ` Complete items 23at oNy when cerDIYkS 23a To dre bent d Mlowbdl>a, OeaM aceurred at the fine, dare ant pace starod. ISigneture and title) 23b. liceree Number 23c. Date Sgetl (Monts, day, Year) ~ . d d M ro Y`~ ~ ~U ~ ~ ~ 5 / ~ ~ ~'' ~ ee physidan is not avadede at Dne , ~- : 55 O e_~ ~~ ~ ~ a ° N.; ~t~ t mesa d deaM 3 . , . 26. Tone d Deere ` 25. Date Dead IMOnm. daY• Year) 26. Was Case Referred to Medical Examner I C«awr f« a Reasm Ober then GemaDOn « lion? person leted b . ^ Yes ~ Nc r M mn 20.26 re I y ,, g a tems vda prareurces death. 3 ~, ~j 5 g M. ^~ <~ `~~ SOS., - ) U Did Tdtarco Use CanviDNe to DeaM? nDvsira I 2B ^` MD • ' °D! . con m pn D ~ , CAUSE OF OEATM (See instructions and examPMrs) ~ Appoximare Daerval: Pan II: Ender other SjgnR Item 27. Part I: Enter the dwn d events -daeeseA injuries. «carPkcaDOra - MM diradry slant Me dedn. DO NOT enter termuwl events sutl~ es cerdac amst. Oral ro OeaM bN not resulDng m the undedyirg cause gwen in Pan I. r`'~' ~V ^ Probady ~LV Nc ^ Unknown M tl e. + i^91he aDdogY. List onN are cause an ea respirarory arrau, a venbiculef fib~atlon wDhM show / IMMEDUTE CASE Fnal disease « ~ r ' JI /~ 29. FF~y~e V ! ~ .,L~3 Na pregnant windn past year mridinon rasa m ~eaMl ~ a ^ Pregnant at Dme d deaM Duero (« as a consequence oft: ^ Nd pregnan6 but pregnant within 42 days Sawn ry tat candbora, A any, b. lead'rq b the cause tared an Ilnia a. d death Enter Ne UNDERLYING CAUSE Duero (or as a consequence dl: ^ Not pregnant, bN pregnant a3 days ro t year (dseaSe Or inpl7 Mat ektialed De c evem6 resulting in deaMl LAST. Due to I« as a consequence oft- Oefae seam ^ UMrrown d Pregnant witlDn Me past Year d 30a. Was an ANOpsy 30b. Were Aukyny Frdngs 31. Merxer d DeaM 32a. Date d Injury IMOmn, day, Year) 32b. Desaibe How Iryury OcanM 32c. Place of Injury. Home, Farm, Street, Fadory, Oma BuiMing. etc. ISpecily) Perlonmed? Available Pd« ro Campretipn l ^ Ii«nidda ~N d Cauca d Deets? eWra `-~s ^ Acddenl ^ Pending Imas&yDm 32d. Time d Injury 32e. Iryury at Work? 32I. D Traiaponation Injury (SPed/Yl er ^ PedesMan ^ Pa4s«i t lO ^ gN 329 Easton of injury (SUeet, city /town, state) ^ Yes ~ No ^ Yes ^ No ^ Ves ^ No g er pere « ^ Suidde ^ Codd Nd re Determined M. OMer- Specify 33b. SigreWre CerdCrer ' 33a Cererrer 1 only Orel Sidan ceNfyng cause d deaM when arvtMer plrysician has pronouncetl deaM ant competed Item 23) in n akun (Ph • Cerln ,•. ~ ~. .~ g p y y Y Toth Optdmy krwwbdge, desU occurred due to the aux(al and manneru sbted_________________________________ 33c. License umD« igied lMmM, day, Year) 33d. Date S • Pronouxing ant eertlh/Irp physklan (Physidan boM pnaeunckq deaM ant cerD'rykg to cause of death) dwN occurred at the rime,date. and Dlaee,ant due to the cause(s)and menreruslat•d__________________^ To ne Desldmy knrwdetlge n ~ ~/~~-3) t' Z ~J ll L .~Z b'" ~~ , • Medial Examiner/Cor«iar Beam ooc«rM d Me rime, Bata, and prece, and sue Io me easels) and manner ae sbte4. o mlm m m i rson Who CmPkletl Cause d DeaM (Item 27) Type I Print ress d P e nt Ad d 31. Name a , p on, on Ina oasts d examlretion ant / «Invesngal Y ~ / ~ / / ~ JT ld O rT~x!%Y /~C ~' 36. Dale FOetl (MmM, daY• Y~rl ~ , u"X ~C. y ~ '-i'' ''r 13 ~ ~.y 35. 6ImCa signeme ant Di6trict%~ Y ~ ~ I~ic~ ~ ~ ~ I I I a I 1 I eZ ~ n . ,. ~....... ~'C I ..'t b( O 1 / ~ ` ~j , I Disposition Permit No. 0 5`~ `~ "" r-, .: z-~ ~ t_' <•,-i - ~ _. LAST WILL AND TESTAMENT OF -" MARY W . ELSER •- ~ `-'~ ' I, MARY W. ELSER, of Mechanicsburg, Cumberland County, Pennsylvania, being of full age and sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking, annulling and making void any and all Wills by me at any time heretofore made. ARTICLE I All estate and inheritance taxes (including interest and penalties, if any), together with all administration expenses, payable in any jurisdiction by reason of my death (including those taxes and expenses payable with respect to assets which do not pass under this Will) shall be paid out of and charged generally against the principal of my residuary estate, without apportionment. I waive any right of reimbursement for, recovery of, or contribution toward the payment of those taxes and administration expenses, except my personal representative shall, to the maximum extent permitted by law, seek reimbursement for, recovery of, or contribution toward the payment of federal or state estate tax attributable to property in which I have a qualifying income interest for life, over which I have a power of appointment, or which is included in my gross estate by reason of Section 2036 of the Internal Revenue Code of 1986, as from time to time amended (the "Code"), and which tax is not otherwise paid or payable. Any " ~' _ ~~iJ MARY W. ELS generation-skipping tax resulting from a transfer occurring under this Will shall be charged to the property constituting the transfer in the manner provided by applicable law. ARTICLE II A. I give all the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of household or personal use or ornament, to such of my children as are living on the date of my death, in shares of substantially equal value to be divided in such manner as they shall agree, or if they shall fail to agree upon a division within three (3) months after the date of my death, as my personal representative shall determine. B. All costs of safeguarding, insuring, packing, and storing my tangible personal property before its distribution and of delivering each item to the place of residence of the beneficiary of that item shall be deemed to be expenses of administration of my estate. ARTICLE III A. All the rest, residue and remainder of the property which I may own at the time of my death, real, personal and mixed of whatever nature and wheresoever situate, I give, devise and bequeath to CORESTATES BANK with offices in York, Pennsylvania and ROBERT C. ELSER as Co- Trustees to hold, administer and distribute for the following uses and purposes: ~-~ 2 MARY W. E E 1. My Co-Trustees shall set apart one (1) equal share for each living child of mine and one (1) equal share for the issue collectively of each deceased child of mine. My Co-Trustees shall distribute each share set apart for the issue of a deceased child to such issue, per stirpes. My Co-Trustees shall hold each share set apart for a living child as a separate trust for such child and shall distribute the income and principal thereof as follows: (a) In the event my son, ROBERT C. ELSER, survives me and one (1) equal share is set apart for him, I direct that my Co- Trustees shall pay to my son, ROBERT C. ELSER, such share together with any accumulated income free and clear of the trust. (b) In the event my daughter, MARY ELSER LONG, survives me and one (1) equal share is set apart for her, I direct that my Co-Trustees shall pay to my daughter, MARY ELSER LONG, such share together with any accumulated income free and clear of the trust. (c) In the event my daughter, JO ANNE DAY, survives me and one (1) equal share is set apart for her, I direct that my Co- Trustees shall hold her share in trust and that my Co-Trustees shall pay to or apply for the benefit of my daughter, JO ANNE DAY, the net income from such share in at least quarter annual installments and shall pay to or apply for the benefit of my daughter, JO ANNE DAY, the whole or any dart. of the principal of the trust as my Co-Trustees may in their discretion deem advisable for the maintenance, welfare and comfort of my daughter, JO ANNE DAY. Upon the death of my daughter, JO ANNE DAY, my Co- "Prustees shall continue to hold the principal of the trust as then ~/• 3 MARY W. LSER constituted for the benefit of the then living issue of my daughter, JO ANNE DAY, and my Co-Trustees shall divide the principal of the trust estate into as many equal shares are there are issue of my daughter then living. My Co-Trustees shall set apart one (1) such equal share for each living issue. My Co-Trustees shall hold each share set apart for a living issue as a separate trust for such issue and shall distribute the income and principal thereof as follows: (i) My Co-Trustees shall pay or apply to or for the benefit of each living issue so much of the income and principal of such share at any time and from time to time as my Co-Trustees deem advisable to provide for such issue°s health, education, maintenance and general welfare until such issue shall attain the age of twenty-five (25) years at which time the trust shall terminate and my Co-Trustees shall distribute the entire balance of the principal and any accumulated income to such issue free and clear of the trust. 2. With respect to any trust created hereunder for the issue of a deceased child of mine, my Co-Trustees shall hold each such trust as a separate trust for such issue and shall distribute the income and principal thereof as follows: (a) My Co-Trustees shall pay or apply to or for the benefit of each beneficiary so much of the income and principal of such trust at any time and from time to time as my Co-Trustees deem advisable to provide for the beneficiary's health, education, maintenance and general welfare until such beneficiary attains the age of twenty-five (25) years at which time the trust shall terminate and my Co-Trustees shall distribute the entire balance of the principal and any accumulated ,~ 4 Y W. $ SER income to such beneficiary free and clear of the trust, ARTICLE ~V The provisions of this Article shall apply to each trust held under this instrument and to all other dispositions under this instrument: A. If at any time a beneficiary eligible to receive net income or principal distributions is under legal disability, or in the opinion of the Co-Trustees, is incapable of properly managing his or her financial affairs, then the Co-Trustees may make those distributions directly to the beneficiary, to a lawful guardian of the beneficiary, or to a custodian selected by the Co-Trustees for the beneficiary under a Uniform Gifts to Minors Act or similar applicable law, or may otherwise expend the amounts to be distributed for the benefit of the beneficiary in such manner as the Co-Trustees consider advisable. As used throughout this instrument, the term "lawful guardian'° shall mean successively in the order named (i) the court-appointed guardian of the estate, (ii) either parent, (iii) the individual having personal custody (whether or not a court-appointed guardian) where no guardian of the estate has been appointed. B. Except as otherwise provided in this instrument, all income accrued or undistributed at the termination of any interest shall be treated as if it had accrued or been received immediately after that termination. C. Among the circumstances and factors to be considered by the Co-Trustees in determining whether to make discretionary distribution of net income or principal to a beneficiary are the other income and assets l~ .(,S' 5 MARY W. SER known to the Co-Trustees to be available to that beneficiary and the advisability of supplementing such income or assets. As used throughout this instrument, the term "education" includes, but is not limited to, private schooling at the elementary and secondary school level, collegep graduate and professional education, and specialized or vocational training. D. Except as otherwise provided by law, no power of appointment or power of withdrawal shall be subject to involuntary exercise, and no interest of any beneficiary shall be subject to anticipation, to claims for alimony or support, to voluntary transfer without the written consent of the Co-Trustees, or to involuntary transfer in any event. E. Any trust principal or net income as to which a power of appointment is exercised shall be distributed to the appointee or appointees upon such conditions and estates, in such manner in trust or otherwise), with such powers, in such amounts or proportions, and at such time or times (but not beyond the period permitted by any applicable rule of law relating to perpetuities) as the holder of the power may be specified in the instrument exercising the power. In determining whether a testamentary power of appointment has been exercised, the Co-Trustees may rely on a Will admitted to probate in any jurisdiction as the Will of the holder of the power or may assume the holder left no Will in the absence of actual knowledge of one within three months after the holder's death. F. If at any time the Co-Trustees shall determine that the trust is of a size that is no longer economical to administer, the Co- Trustees, without further responsibility, may (but need not) distribute 6 MARY W. E S the trust to the beneficiary for whom the trust is named. ARTICLE V The Co-Trustees shall have the following powers with respect to each trust held under this instrument, exercisable in the discretion of the Co-Trustees: 1. To retain for any period of time without limitation, and without liability for loss or depreciation in value, any property transferred to the Co-Trustees, including partnership interests (whether general, special, or limited), even though the Co-Trustees could not properly purchase the property as a trust investment and though its retention might violate principles of investment diversification; 2. To sell at public or private sale, wholly or partly for cash or on credit, contract to sell, grant or exercise options to buy, convey, transfer, exchange or lease (for a term within or extending beyond the term of the trust) any real or personal property of the trust, and to partition, dedicate, grant easements in or over, subdivide, improve, and remodel, repair, or raze improvements on any real property of the trust, and in general to deal otherwise with the trust property in such manner, for such prices, and on such terms and conditions as any individual might do as outright owner of the property; 3. To borrow money at interest rates then prevailing from any individual, bank, or other source, irrespective of whether any such individual or bank is then acting as trustee, and to create security interests in the trust property by mortgage, pledge, or otherwise; 4. To invest in bonds, common or preferred stocks, notes, ~ MARY W~!/EL real estate mortgages, common trust funds, shares of regulated investment companies, currencies, partnership interests (whether general, special, or limited), or other securities or property, real or personal, domestic or foreign, including partial interests, such as life estate, term or remainder interests, without being limited by any statute or rule of law governing investments by Co-Trustees; 5. To make allocations, divisions, and distributions of trust property in cash or in kind, or partly in each; to allocate different kinds or disproportionate shares of property or undivided interests in property among the beneficiaries or separate trusts. without liability for, or obligation to make compensating adjustments by reason of, disproportionate allocations of unrealized gain for federal income tax purposes; and to determine the value of any property so allocated, divided, or distributed; 6. To exercise in person or by general or limited proxy all voting and other rights, powers, and privileges and to take all steps to realize all benefits with respect to stocks or other securities; and to enter into or oppose, alone or with others, voting trusts, mergers, consolidations, foreclosures, liquidations, reorganizations, or other changes in the financial structure of any corporation; 7. To cause any security or other property to be held, without disclosure of any fiduciary relationship, in the name of the Co- Trustees, in the name of a nominee, or in unregistered form; 8. To pay all expenses incurred in the administration of the trust, including reasonable compensation to any trustee, and to employ or appoint and pay reasonable compensation to accountants, depositaries, 8 W. L investment counsel, attorneys, attorneys-in-fact, and agents (with or without discretionary powers); 9. To deal with the fiduciary or fiduciaries of any other trust or estate, even though a trustee is also the fiduciary or one of the fiduciaries of the other trust or estate; 10. To compromise or abandon any claim in favor of or against the trust; 11. To commingle for investment purposes the property of the trust with the property of any other trust held hereunder allocating to each trust an undivided interest in the commingled property; 12. To merge and consolidate at any time all the trust property and thereafter to administer the trust property as a single trust hereunder; 13. To execute instruments of any kind, including instruments containing covenants and warranties binding upon and creating a charge against the trust property and containing provisions excluding personal liability; and 14. To perform all other acts necessary for the proper management investment, and distribution of the trust property. B. The powers granted in this Article shall be in addition to those granted by law and may be exercised even after termination of all trusts hereunder until actual distribution of all trust principal, but not beyond the period permitted by any applicable rule of law relating to perpetuities. C. To the extent that such requirements can legally be waived, no trustee hereunder shall ever be required to give bond or security as 9 MARY L ER trustee, or to qualify before, be appointed by, or account to any court, or to obtain the order or approval of any court with respect to the exercise of any power or discretion granted in this instrument. D. The Co-Trustees' exercise or nonexercise of powers and discretion in good faith shall be conclusive on all persons. No person paying money or delivering property to any trustee hereunder shall be required or privileged to see to its application. The certificate of the Co-Trustees that the Co-Trustees are acting in compliance with this instru.~nent shall fully protect all persons dealing with the Co-Trustees. E. This instrument and all dispositions hereunder shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. F. The compensation of the corporate trustee shall be in accordance with its published schedule of fees as in effect at the time the services are rendered. ARTICLE VI A. Any trustee may resign at any time by giving prior written notice to the beneficiary or beneficiaries to whom the current trust income may or must then be distributed. B. On my death, I name ROBERT C. ELSER and CORESTATES BANK, with offices in York, Pennsylvania, as Co-Trustees of each trust held under this Will. Except as otherwise provided in paragraph D and E of this Article, if the trustees hereinbefore appointed fail or cease to act as trustees hereunder for any reason, or if any successor trustee appointed as hereinafter provided ceases to act as trustee hereunder for any ~~~ . ~ 10 MARY W. LS reason, the person or persons indicated in paragraph E of this Article shall, by written instrument, appoint any person (other than my descendants), or any bank or trust company, within or outside the Commonwealth of Pennsylvania, as a successor trustee. C. The person or persons indicated in paragraph F of this Article may at any time, by written instrument, approve the accounts of the Co- Trustees with the same effect as if the accounts had been approved by a court having jurisdiction of the subject matter and of all necessary parties. D. If any corporate trustee designated to act or at any time acting hereunder is merged with or transfers substantially all of his assets to another corporation, or is in any other manner reorganized or reincorporated, the resulting or transferring corporation shall become trustee in place of its corporate predecessor. As often as the Co- Trustees shall deem such action to be advantageous to the trusts or to any beneficiary, the Co-Trustees may, by written instrument, resign and appoint as substitute trustees with respect to all or any part of the trust principal, including property as to which the trustee cannot act, any person (other than a descendant of mine), or any bank or trust company, within or outside the Commonwealth of Pennsylvania. The substitute trustee shall have all of the title, powers, and discretion of the original Co-Trustees, but shall exercise the same under the supervision of the resigning trustee, who shall act as adviser to the substitute trustee. The adviser may at any time remove the substitute trustee by written instrument delivered to the substitute trustee. Upon the removal or resignation of the substitute trustee, the advisers may 11 'MARY W. ~LSE12 resume the office of trustee or may continue to act as adviser and appoint another substitute trustee. Upon the removal or resignation of the substitute trustee, the advisor may resume the office of trustee or may continue to act as advisor and appoint another substitute trustee. Any advisor may receive reasonable compensation for services as an advisor. E. A successor trustee may be appointed pursuant to paragraph B of this Article and the accounts of the Co-Trustees may be approved pursuant to paragraph C of this Article by a majority in number of the beneficiaries to whom the current trust income may or must then be distributed. If any person so entitled to act is then under legal disability, the instrument of appointment or approval may be signed by the lawful guardian of such person on his or her behalf. In addition, my individual co-trustee, in his sole and absolute discretion, may remove, substitute and appoint another corporate trustee as a successor trustee to the corporate original trustee named in paragraph B of this Article. F. The incumbent trustee shall have all of the title, powers, and discretion granted to the original Co-Trustees, without court order or act of transfer. No successor trustee shall be personally liable for any act or failure to act of a predecessor trustee. With the approval of the person or persons indicated in paragraph E of this Article who may approve the accounts of the Co-Trustees, a successor trustee may accept the account furnished, if any, and the property delivered by or for a predecessor trustee without liability for so doing, and such acceptance shall be a full and complete discharge to the predecessor trustee. ~ / L%-G~ 12 Y W. SE G. No trustee shall participate in the exercise of any discretion with respect to the distribution of income or principal or any portion of the trust property in which he or she or any person he or she is obligated to support has any beneficial interest and the discretion shall be exercised only by the remaining trustees. ARTICLE VII A. I name my son, ROBERT C. ELSER, as personal representative of my estate. If my son, ROBERT C. ELSER, fails or ceases to act as personal representative, then I name my daughter, MARY ELSER LONG, as my personal representative. No individual personal representatives of my estate shall be required to furnish bond or other security as personal representative. As used in this Will, the term personal representative designates the court-appointed fiduciaries or fiduciary of my estate from time to time qualified and acting in any jurisdiction. B. If the appointment of a personal representative is necessary or desirable in any jurisdiction in which no personal representative herein named is able or willing to act, I appoint as my personal representative in that jurisdiction such person (who may be an officer or employee of a corporate representative then acting) or corporation as may be designated in an instrument signed by my children, ROBERT C. ELSER and MARY ELSER LONG, that personal representative to serve without bond, or if bond is required, without surety thereon, and to have all the powers and discretion with respect to my estate in that jurisdiction that are set forth or referred to in Paragraph C of this Article to be exercised without court order. 13 W. L C. In addition to all powers granted by law, my personal representative shall have all the powers and discretion with respect to my estate during administration that are set forth or referred to with respect to the Co-Trustees hereunder (including the power to sell real or personal property at public or private sales for any purposes and to hold title to property in the name of a nominee), to be exercised without court order. D. I empower my personal representative (i) to make such elections under the tax laws as my personal representative deems advisable, including an election to create qualified terminable interest property for both estate and generation-skipping tax purposes or for estate tax purposes alone, and (ii) to allocate the unused portion, if any, of my GST exemption (as defined in this paragraph) to any property with respect to which I am the transferor for generation-skipping tax purposes (irrespective of whether such property passes under this Will) in such manner as my personal representative deem advisable, in each case without regard to the relative interests of the beneficiaries; however, my personal representative shall not make adjustments between principal and income, or in the interests of the beneficiaries, to compensate for the effects of such elections and allocations. Any decision made by my personal representative with respect to the exercise of any tax election or the allocation of my GST exemption shall be binding and conclusive on all persons. As used in this paragraph, the "GST" means the exemption from generation-skipping tax allowed under Section 2631 of the Code. E. I direct that the compensation of a corporate representative of my estate shall be in accordance with its published schedule of fees as in effect at the time the services are rendered. 14 ,/ MARY W. LSER OOMMONWEALTH 0F' PENNSYLVANIA SS COUNTY OF YORK o ~~ We, MARY W. ELSER ~j_„{ '~,~/ `;~~'1 ~~~~~/ f/ ~ ~ t2 a and ~(~-h~~ Se~~OV~ Testatrix and witnesses, respectively, whose names are signed to the attached and foregoing instrument, being first duly sworn, do hereby declare this instrument to be his Last Will and 'Testament and that )she has signed willing (or willingly directed another to sign for her 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 testatrix, signed the Will as witnesses and that to the best of their knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. MARY W. SER Testatrix Wit s Witness Sworn and subscribed to before me this ~~,'~ day of ~~~~~~~~ 11-997. ~0 ~~ ~ ~ ~;~_ NOTARY PU IC My Commission Expires elser.wil Notarial Seal Melinda A. Shouck, Notary Public Sppringettsbury Twp., York County My Gommis~ion Expires Nov. 30, 3000 M~m4ar, Pennsyluanle Ast~aclaNon at Notarla~ IN WITNESS WHEREOF, I, MARY W. ELSER, the above-named have to this, my Last Will and Testament, typewritten on fifteen (15) pages, signed my name on pages one (1) through fourteen (14) for the purposes of identification and at the end hereof, on page fifteen (15), have sent my rh hand and seal this ~ day of ~~'~!~ 1997. MARY W . EIJ. R Signed, sealed, published and declared by MARY W. ELSER the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who, in her presence and in the presence of each other, have at her request subscribed our names as witnesses hereto. ~}G~%,. % ~ ~ 1,/~-~_ ~- IS'~; -~-- -- - ~ ~7- o f / ~ °2_ /~ (/ . o f ~~~ 15 ,-~ C~ -~ ~ FIRST CODICIL TO THE LAST WILL AND TESTAMENT -';.'"~~,-, - _. ~_; OF ~ ~ : -~ ~ MARY W. ELSER -1 _.., I, MARY W. ELSER, a resident of Mechanicsburg, York County, Pennsylvania, being of sound and disposing mind, do make and declare this to be the First Codicil to my Last Will and Testament dated February 7, 1997. FIRST: I hereby revoke Article III of my Last Will and Testament and substitute therefore the following: ARTICLE III: I give, devise and bequeath all the rest, residue and remainder of my property which I may own at the time of my death, both real, personal and mixed, of whatever nature and wheresoever situate to my children, namely, ROBERT C. ELSER, MARY ELSER LONG and JO ANNE DAY, in equal shares, per stirpes. SECOND: I hereby revoke Articles IV, V and VI of my Last Will and Testament and delete the same therefrom and make no substitution for them. THIRD: I hereby ratify and confirm my said Last Will and Testament except insofar as any part hereof is revoked or modified by this Codicil. IN WITNESS WHEREOF, I, Mary W. Elser, the above named, have to this, the First Codicil -; to my Last Will and Testament dated February 7, 1997, typewritten on three (3) pages, being unable to sign my name because of my severe and debilitating illness have had my name subscribed forme in my presence by ROBERT C. ELSER, whereupon I have made my mark in the space between my name this 28~'day of ~e Qwt,~C C' , 2011. Her 1 (N MA Y ELSER Mark On the 2~~' day of ~ 2011, Mary W. Elser, the above named Testatrix, in our presence declared the preceding instrument, consisting of this and two (2) other typewritten pages to be the First Codicil to her Last Will and Testament dated February 7,1997 and being unable to sign name hereto because of a severe and debilitating illness directed Robert C. Elser to be subscribed for her which the undersigned Robert C. Elser, did subscribe as directed in the presence of the Testatrix and in the presence of the undersigned, whereupon the Testatrix in our presence unassisted made her mark or cross in the space provided between her name, and we in the presence of the Testatrix, and in the presence of each other, at the request of the Testatrix, have subscribed our names as witnesses. ~ . . ~~~ ~~ ; ~~ of (; y-~i. ~~~- a ~~;~/~ . ~ of ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS. ,~,~i~ r /~lp .~ and ~~ /Z l`f'f l ~ ~~ ,the We, Mary W. Elser, ~~ ,~~i ~ ~ ~~( ~,~ Testatrix and the witnesses, respectively, whose names and marks are placed and signed to the attached or foregoing instrument, being first duly sworn, do hereby declare this instrument to be the First Codicil to her Last Will; and that she has willingly made her mark or cross in the space provided between her name and that she did so as her free and voluntary act for the purposes therein expressed; and that each of the witnesses and presence and hearing of the Testatrix signed the First Codicil to her Will as witnesses and that to the best of their knowledge, the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. i Witness ,, ~~-~~ 1 ~~~~~'~ Witness Sworn and subscr}}'bed to before me this~rCfay of ~~~ ~~~Q f , 2011. ,- 1' ~~~-~`- f`` ~~ Notarv Public My Commission Expires J~,, I Her 1 f~ ~~ Mary ~~ Elser, Testatrix Mark COMMANWEAI.TN Q~ PENNSYLVANIA NotArlal Seal Luanda E. Hedge, Notary PutHic Sprin9ettsbury Twp., York County My Commission Expires May 17, 2015 MEMBER, PENNSYLVANU ASSOCIATION Of NOTARIES OATH OF WITNESS(ES) TO WILL EXECUTED BY MARK REGISTER OF WILLS COUNTY, PENNSYLVANIA Estate of ~ . ~~~ Deceased ~,, ~, ~~ , C~ ~ (each) a (Print Name/s) ~ subscribing witness to the ^ Will ~dicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that: Testator / statrix as unable to sign his / er name thereto; Testator's / estatrix'' ame was subscribed thereto in Testator's / estatrix' \' resence; Testator! Testatrix; made __ his /(~~ierlmark thereon; Testator / estatrix_,-Land deponent(s) were present when Testator's / estatrix' name was subscribed and when Testator / estatr~ -`made his .~ mark; and Testator Testatrix- was present when the undersigned signed the D Will ~dicil as witness(es). ~ ~ ~ ~ ~ (Signatur ) ~~~~ J ~ ~y~~~ ~~ ~ (Street Address) ~/ ~~t~~, ~~' ~~~~ (City, Stat~,Zip) Sworn to or affirmed and subscribed before me this ~ i~~ day of r ' , •~~~.,~ , ~4 G1 . L~~~e~ter of/Wi MY COMMISSION EXt';RES ~'9RST MONDAY IN JANUARY 2012 (Signature) (Street Address) (City, State, Zip) ~~ -z~ - - -:~ ` ~~ r ~ ~ r--- -' ~ ~ ~~;.~7 --~. G, ;, ,_,~,1~ _~ - . _` ^_ _._. _. C: ~- ~Tl Form RW-OS rev. /0.!3.06 OATH OF WITNESS(ES) TO WILL EXECUTED BY MARK GISTER OF WILLS ~r ~I ~~ ~ ~`^ ~ COUNTY, PENNSYLVANIA r~~ _~l -1J~7`~ Estate of J ~-l~~ ,, ~~~ ~ ,Deceased (each) a (Print Nanie/s) subscribing witness to the ^ Will ~odicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that: Testator / estatrix as unable to sign his / er name thereto; Testator's / tatrix' ame was subscribed thereto in Testator's / T tatrix' presence; Testator / estatrix ade his her - arlc thereon; Testator Testati and deponent(s) were present when Testator's estatrix' name was subscribed and when Testator / estatrix ade his / ie arlc; and Testator /Testatrix was present when the undersigned signed the ^ Will 9~o`d~cil as witness(es). (signature) (Street Address) ,/"1 (City, Stag, Zip) Sworn to or affirmed and subscribed before me this !~_ day Deputy for Register of W~IIs (Signature) (Street Address) (City, State, Zip) Q -_= _~ ; -; ~~? - - ~ t, - ~._ =; ~ J c ,' `-' ~ G -'r Form RW-OS rev. 10.13.06