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HomeMy WebLinkAbout01-24-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUIvIBERLAND COUNTY, PENNSYLVANIA Reset Petitioner(s) named below, who is/are 18 years of age or older support thereof aver(s) the following and respectful) re uest s the ~ anploflLetters in the a rosn~at ~f ~ elow, and in Y 9 () 1~' PP P Decedent's I f n ormahon Name: Julia Anne Gar ski a/k/a: a/k/a: a/k/a: Date of Death: 01/15/2012 File No: - ~ ~ - T (Assigned by Register) Social Security No: 159-52-7924 Age at death: 52 Decedent was domiciled at death in Cumberland principal residence at 1809 Willow Road Carlisle 17013 County, ~~ ~s1°te> r'"lth liner last Street addreaa, Poat OB3ce and Zip Code - -- Decedent died at Holy Sn;r;t ~.ru,.;.a~ City, Township or Borong6 Street address, Post ORke and Zip Code ~' Hlll Estimate of value of decedenPs City, Township or Borough Property at death: If domiciled fn Pennsylmnia .................... . Ifnot domiciled in Pennsylvania ........................ Personal rol property If not domiciled in Pennsylvania ...................... Personal PmP~ in Pennsylvania t'aGee of real estate in Pennsylvania ............. ~ ~ P PAY in County ........... TOTAL ESTIMATED VALUE... . Real estate in Pennsylvania situated at: (Attach additional sheets, ifnecessary.) County County State $ 14 500.00 Street address, poet Office aed Zip Code City, Township or Borough County ® A. Petition for Probate and Grant of Letters Testamenta Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated December 22, 2011 thereto ~~ and Codicil(s) State relevant circametances (eg. renunciation, d`aNr ofexecutor, etG) Except as follows: after the execution ofthe instrument(s) offered for probate Decedent did not marry, was not divorc divorce proceeding wherein the gro~ds for divot~ce had been ed, was not a party to a adopted; and Decedent was neither the victim of a killing nor ev~adl jud~a ~ efin~ m~2i3~p~a, P~~n 3323 P~dmg § (g), and did not have a child bom or NO EXCEPTIONS O EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (lf appticabte) c.t.a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate If Administration, c.xt~ or db.n.c.~a., enter date of Will in Section A above and com late list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein ~ in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an inc ~~~ p~norce )gad ~n established as defined NO EXCEPTIONS ~ EXCEPTIONS Form RW-02 rev. IO/ll/2011 Page 1 of 2 Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the followin additional sheets, if necessary): g spouse (ifany) and heirs /attach Oath of Personal Representative _~~~°~ ~~ auuiutsl me 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, the petition r(s} will well and truly administer the estate according to law. Sworn to or affirmed d subscribed before " me this ~ day of ~j1a, Date ~ ;~ ~i t Z By' Date For the Register Date Date BOND Required: Q YES NO FEES: To the Register of Wills: Please enter my appearance by my signature below: Lett ~ ers .............. .... $ D (~ )Short Certificate(s)...... Attorney Signature: ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)...... , , , , , Bond..... ~~~~~~~~ ~~~~~""" Commission ......... Printed Name: ........ . Other W ; 1 ~ ' " " " ' - Supreme Court ID Number: " " " ' Firm Name: ' ' ' ' ' ' Address: " " " ' Automation Fee ........ Phone: ....... JCS Fee. TOTAL Fax: Email: ..................... $ CAB DECREE OF THE REGISTER Estate of Julia Anne Gar ski a/k/a: File No: ~~~ C~ ~ j, -~- AND NOW, ~ satisfactory proof the instrument(s) dated described in the petition be Form RW-01 rev. 10/17/1011 ~sn~ttea detore me, IT are hereby granted to to probate and filed Page 2 of 2 _, in consideration of the foregoing petition, Letters ~ ~A_.l__ , ~~ ._ „ t _ in the estate and (if applicable) that COMMONWEALTH OF PENNSYLVANIA r~ ~ W , y~y t~ COUNTY OF Cumberland ? SS: ~ } ~ ~2 JAN 24 dW ln~ ~t .~w.a~~ KCV (y/))j `ill l _ ` ~ ~~ _ _ - - - - _ LOCAL REGISTRAR'S CERTIFICATION OF DEATH t,~, WARNfNG: It is illegal to duplicate this copy by photostat or photograph. C~ N Fee for th~ficat~,~,$6.00 ~._~' ~.., (' J ~ Q N ~ P -- 2~0 ~ ificatio umber 0 TYPe/Print In t ~ / Permanent Julia Anne sa. Aee_Last Birthday to al s2 V ~' This is to certify that the information here given corl•ectly copied from an original Certificate of Dear duly filed with me as Local Registrar. The origin: certificate will be forwarded to the State Vit._ Records Office for permanent filing. ~.~~~,,~~~~. s 2ot2 Local Registrar COMMONWEALTH OF PENNSYLVANIA . DEPgRTMENT OF HEALTH • VITAL RECORDS Date Issued CERTIFICATE OF DEATH Ha. Residence (State or Forel - ' .a. nlrthplace (City and State or ForN~ 1~ 2012 gn Country) eb. Residence (Street end Numbed-y 3' 1959 gn Country) 8d. Residence (County) Include Apt No.) Sc. Did Decedent Uve n ai TowlnshlpT unty) 1809 Willow Road Ctunberland IglYes, aegedenT eyed m 9. Ever In US grmed Forces? Be. Residence (pp Code) Q Yes o Q Vnknown 30. Marital Status at Tlme of Death Q No, decedent lived within IlmiYS of twp 12. Father's Nam (First, Middle, Last, SO Divorced ~ Never Marrletl Married Q WI owed 11. Survlvin S Q Unkn w B Pouse's Name (If wife, give nam cltY/born r+@On Walter Garez n e prior to first marriage) 14s. Informant's Neme `4}Ci 13. Mother's Neme prior to First Marrla 14b. Relationship 6 ( Ir t, Mitld e W ._•._•.-•..•-.•-.'.'-•.- to Decedent 14c. Inforrna La ) If Death Occurred In a Hospital: •-~ t nt's MaC{Ising r s ee u ..... ...P .........._ . 8 2 t and N mbar Clty State 21p y Emergenty Room/put ant des (Str c ~•In ati ....................................a:... aCe o....eat... patient 31f Death Occurred Som "' ~~-• on y 156. Faclll Dead on ArrlYal ewhere Other Than a•HOSpfial~ • ... ty Name (If not Institution, give street and number) •• •~ Nursin Home/LOn -Term Care Facility p Plce liy"„ ~ Hol S irlt Hog ital 15 c. City or Town, State, and ZI ~ H s Facil ""'""' D ~, 16a. Method oT Dlspositlon 0 Cam P Code Other (Specify ecedent s Home ••-"" O Removal from State aurlal erematlpn Hi 11 PA 17011 16b. Date of Ols ) 3Sd. County of Death Ocher (Specify) Q Donation Position 16c. Place of Dlspositlon (Name of eemete Carla Pd 36d. Location of Dlspositlon (City or Town, State, antl Zip) 'Ian . 19 , 2O 2 ry, crematory, or other lace) Carlisl@, pA 17013 l~a.slgn PrF„neral °fPtttan-Roth E~anaz-gl H 17c. Name and Complete gddress of Funeral Facility Ivey ns~e or Person In Charge of Interment 17 «~ & CreRlatOry as ~ b. License Number ~ lb. o ~f fRlan ~tRoth ck tFLirlera be t describes the 138504 Home & Cremato 219 highest degree or level of school completed at the time of death. 19' De dent of His HOrtt1 mover Stl~-eat , Q 8th grade or less box that best describesiwhOether the decedent 20. Oecedeht'a Race - ChG,ecak ONE ORl~' PA 17013 Q No diploma, 9th - 12th grade Is Spanish/Hispanic/Latino, Check the "NO" the decedent consideretl hl MORE races to Indicate what Q Hlgh school graduate or GED com le box If decedent Is not 5 White mself or herself to be. Q Some college credit, but no de P tad ®No, not 5 Panlsh/Hispanic/Latino. ~ Black or African gmerican Q Korean Assocta `e degree grey Panlsh/Hispanic/Latino O Vietnamese Q Bachelo 's de (e.g, ~' AS) Q Yes, Mexican, Mexican American, Chicano Q American Indian or glasks Natlye gree (e.g, BA, qB, BS) Q Yes, Puerto Rican Q Asian Indian Q Other Asbn Q Master's degree (e.g. Mq, MS, MEng, MEd, M$W, MBA) Q Yes, Cuban Q Chinese Q Natlye Hawaiian Q Doctorate (e.g, ph O, Ed D) or professional degree Q Yes, other S Q Filipino Q Guamanian or Chamorro . MD DOS DVM LLB JD Panlsh/Hispanic/Latino O Samoan 23. Decedent's Single Race Self- (SPeclfy) Q Japanese Q Other Paclflc Islander White Designation -Check ONLY ONE to Indicate what the decedent considered himself Q Other (Specify) Q BlTCek or African American Q Japanese Q Samoan or herself to be. 22a. Decedent's Usual Occu Q A rlcan Indian or glaska Natlye Q Korean Q Other Pacific Islander Patton -Indicate Q Asian Indian Q Vietnamese done during most of working Ilfe. DO NOT USEpa of work Q Chinese ~ Other gsian Q Don't Know/Not Sure RETIRED. Q FIIlpino Q Native-Hawaiian Q Refused .Silly ']-+eC~'1 Q Guamanian or Chamorro Q Other (Specfy) 22b. Kind of Business/Industry ITEMS 23e - 23 MUST B COMPLETED 23a. Date Pronounce Dea Mo Oay r 23 51 BY PERSON WHO PRONOUNCES OR u' S • GO°ernr~rit CERTIFIES DEATH _ A ,, `` gnature o Person Pronouncing Deat pn 23d. Date Signed (MO/Day/Yr) ~, V V A"~ ~ IJ- `a..~ ( V w en 24. Time of Death aPP lea le 23c, License Num e 3 r I 2S. Was Medical Examiner or Coroner Contatted7 26. Pert 1. Eonter then h i CAUSE OF DEATH O Ye: r plrat ry err i, or ye~~ -diseases, injuries, or compllcetlons--th Q No ntricular fibrillation without showing the etiolo at directly caused the death. DO NOT enter terminal events such as ea rdlac arrest IMMEDIATE CAUSE ~, DO NOT ABBREVIATE. Enter onl ( '~`PPreoximate (~Snal disease or contlltion ~ r t"A ST T) ~ ~AR ~ iN O"TSt R Y one cause on a Ilne. qdd addltlonal Ilnes If necessa 3 Int rya): ulting in death) a ry onset to Death Due to (or as a consequence ( Sequentially Iirt conditions, b. of). j 1 ~- f wnY, leading [o the cause Due to (or Ilsted on Ilne a. Enter the as a consequence of): UNDERLYING CAUSE ? -~ .°$ (disease or Injury that c Due to (or ~ Inltiatetl the events resulting d as a consequence of): y~~.. in death) LAST. = -_ O 26. PaK 11. Enter other sia ifl Due to (or as a consequence 33 n 4ondiH off' f but not resulting in the under) In m Y g cause given In Part 1 2Z. Was an autopsy performed? 29. If Female: 28. Were a to No Q Not pregnant within Pry findings available past year 30. Oid Tobacco Use Contribute to Death? to complete the cause of deathT ~ Q Pregnant at time of death [] Yes Yes No Q Not pregnant, but Q Probably 31. Mannar of Death '- Q Not pregnant, but pregnant within 42 days of tleath Q No Q Unknown ~ Natural Q Unknown If 8nant 43 days to 1 year before death Q Accident Q Homicide pregnant within the past year 32. Date of Injury (MO/Day/Yr) (Spell Month) Q Suicide Q vending Investigation ~] Could not be determined 34. Place of Injury (e.g. home; cons[ruttlon site; farm; school) 33. Time of Injury 35. Location of Injury (Street and Number, Clty, State, 21p Code) 36. Injury at Work 37. If Trans Q Yes Portatlon Injury, SPeclfy; Q No Q Driver/Operator Q pedestrian 38. Describe How Injury Occurred: Q vsssenger Q Other 5 39a. Ifler Cheek onl ( PecHy) ( v one): ------ Certifying physlGan - To the best of my knowled Q Pronouncing g Certifying physician - To th ge, death occurred due to the cause s Q Medical Examiner/Coroner - On the basis of exatml my knowledge, death occur ()and manner stated Lion, and/ Invest) retl at the. time, date, and place, and due to the cause Signature of certlfler: .~, .~ ~ _ eats°n• in my opinion, death occurretl at [h (s) antl manner skated 39b. Name, Address v e time, date, and place, and due to the cause s and Zip Coda of Person Cpmpletin Title of certlfler:_ /V.? ( )end manne~ tad r~wit cz< ~, ~ C v 4C /~ g e of Death (Item 26i License Number:-lYg O/~ 7 f/~ 40. Registrar s Distrltt Num er / ~ 8 ~v w T H l'~ .rv . al. Reglstra~6lgn • ~"' Qy"~ ~ ~~ / 7 a' y,3 39c. Date 5 a o/oav/Yr) l Cl amre (y~ 43. Am~n,t...__ elf-1 - ~ ~r/~'2 Dlspositlon Permit No. - _ - - -. _ - H305-143 - __ REV 07/2011 L:~7.S~I'tiVIGG ~~VtD 2~ ~S~A9K2~~I' OF 9u~ta ~arczyns~ ~ O DECLARATION I, Julia Garczynski, a resident of the commonwealth of Pennsylvania and county of Cumberland; and being of sound mind and memory, do hereby make, publish, and declare this to be my last will and testament, thereby revoking and making null and void any and all other last will and testaments and/ or codicils to Iast will and testaments heretofore made by me. All references herein to "this Will" refer only to this Iast will and testament. FAMILY At the time of executing this Will, I am unmarried. I have no children. DEBT I direct that as soon as is practical after my death, the executor named pursuant to this Will review all of my just debts and obligations, including last illness and funeral expenses, except for those secured long-term debts that may be assumed by the beneficiary of such property, unless such assumption is prohibited by Iaw or on agreement by the beneficiary. The executor is further directed to pay any attorneys' fees and any other estate administration expenses. The executor shall pay these just debts only after a creditor provides timely and sufficient evidence to support its claim and in accordance with applicable state law. I direct that any estate, inheritance, and succession taxes, including any interest and penalties thereon, imposed by the federal government or any state, district, or territory, attributable to assets includible in my estate, passing either under or outside of this Will, be apportioned among the persons interested in my estate in accordance with applicable state and federal law. My executor is Page 1 of my Last Will and Testament (initial) .r, f~3 i"f'l 1:~ L .~ r*,.> ' ' r+r' -r~ c '~ '~ r.~ c~~. Doc#968320 authorized and directed to seek reimbursement from the beneficiaries of my estate of any taxes paid by my executor to the extent allowed by law. If my executor cannot collect from any person interested in the estate the amount of tax apportioned to that person, the amount not recoverable will be equitably apportioned among the other persons interested in the estate who are subject to apportionment. If a person is charged with or required to pay tax in an amount greater than his or her prorated amount because another person does not pay his or her prorated amount, the person charged with or required to pay the greater amount has a right of reimbursement against the other person. I further direct that if any beneficiary named in this Will is indebted to me at the time of my death, and evidence of such indebtedness is provided or made available to my executor, that share of my estate that I give to any and each such beneficiary be reduced in value by an amount equal to the proven indebtedness of such beneficiary unless: (i) I have specifically provided in this WiI1 for the forbearance of such debt, or (ii) such beneficiary is the sole principal beneficiary. SPECIAL DIRECTIVES Notwithstanding any other provision of this Will, I furthermore direct that: I wish to be cremated and my ashes distributed amongst my family, to be placed in rings or necklaces. I would like to add Lisa Love Zimmerman and Patricia A. Panisewicz and any relatives or friends who wish to have them to the list of those receiving the ashes. I wish for Patricia A Panisewicz to be included as part of the family at the memorial service. I wish for anyone who wishes to speak to be able to do so at the Memorial Service. Memorial Service with the following songs: Valentine- Martina McBride For the First Time-Kenny Loggins Page 2 of my Last Will and Testament ~`~'" (initial) The Prayer-Celine Dion and Josh Groban To where you are -Josh Groban If I had only known- Reba McEntire Ave Maria- Celine Dion. Today is your Day-Shania Twain My animals Salem and Zebo are to be left in the care of my sister Mary Hertzog. Life Insurance and Retirement monies to be distrubuted as set forth on the list of beneficiaries through OPM. . SPECIFIC BEQUESTS I give to the persons named below the following specific bequests, if owned by me at the time of my death: 1. To my sister, Margaret R. Garczynski, I give: My Hyundai Tiburon. If said beneficiary does not survive me, this specific bequest will lapse, be added to the residue of my estate, and be distributed to my remainder beneficiaries as set forth below. 2. To my sister, Mary E. Hertzog, I give: My 2007 Chevrolet HHR and any personal items including computers and game systems. Distribute as you see fit. If said beneficiary does not survive me, this specific bequest will lapse, be added to the residue of my estate, and be distributed to my remainder beneficiaries as set forth below. 3. To my mother, Betty Garczynski, I give: My computers and any personal items. If said beneficiary does not survive me, this specific bequest will be distributed to: Mary E. Hertzog. If said alternate beneficiary does not survive me, this specific bequest will lapse, be added to the residue of my estate, and be distributed to my remainder beneficiaries as set forth below. Page 3 of my Last Will and Testament '`~ 6'` (initial) PRIMARY REMAINDER BENEFICIARIES I give to the persons named below (my "Primary Remainder Beneficiaries'), all of the residue and remainder of my gross estate, real and personal, wherever situated, after payment of all my just debts, expenses, taxes and specific bequests, if any, in the percentages set forth below. Unless otherwise indicated in my Will, these shares shall be distributed outright and free of trust. 1 • Name: Betty Garczynski Relation: Mother Percentage: 50% If such beneficiary does not survive me, I direct that the share of my estate allocated to said beneficiary be distributed to: Jada R. johnson. 2• Name: Mary E. Hertzog Relation: Sister Percentage: 50% If such beneficiary does not survive me, I direct that the share of my estate allocated to said beneficiary be distributed to: Jada R. Johnson. DISTRIBUTION IF NO LIVING BENEFICIARIES If at any time before full distribution of my estate all of my beneficiaries are deceased and this instrument directs no other disposition of the property, the remaining portion of my estate will then be distributed to my heirs determined according to the laws of intestate succession, unless specifically disinherited elsewhere in this Will. Page 4 of my Last Will and Testament (initial) TESTAMENTARY TRUST Allocation of Trust Estate Notwithstanding any other provision of this Will to the contrary, I direct that the share(s) of my estate allocated to the beneficiary(ies) designated below be held in trust and administered and distributed in accordance with the terms of this "Testamentary Trust" clause as set forth below. 1 ~ That share of my estate given to Jada R. Johnson will be held in trust until: Jada R. Johnson is 18 years old. Nomination of Trustee I nominate Mary E. Hertzog as trustee of all trusts created under this "Testamentary Trust" clause, to hold, administer, and distribute said trusts in accordance with the terms of the trusts as set forth herein. If alI trustees nominated in this clause are unable or unwilling to serve or to continue to serve as trustee, the majority of beneficiaries of the trusts created under the "Testamentary Trust" clause shall nominate a successor trustee, subject to the approval of a court of competent jurisdiction. If these beneficiaries are unable to nominate a successor trustee, a court of competent jurisdiction shall appoint a successor trustee pursuant to a petition filed by the resigning trustee or any beneficiary of a trust created under this "Testamentary Trust" clause. Distribution Provisions The trustee shall distribute, in convenient installments to or for the benefit of a trust beneficiary, so much of the net income and principal of the beneficiary's trust share as the trustee deems necessary, in the trustee's discretion, for the health, education, maintenance, and support of said trust beneficiary. Education includes, but is not limited to, college, graduate school, vocational studies, and reasonably related living and travel expenses. In exercising any power concerning discretionary payments of income or principal to or for the benefit of the beneficiary of any trust under this WiII, the trustee shall consider other income or resources of the beneficiary known to the trustee and the trustee may rely on the written statement of the beneficiary about such other income or resources. Page 5 of my Last Will and Testament ~(s' (initial) Any net income not distributed to the trust beneficiaries will be added to the principal of the applicable trust share and reinvested for future distribution. When a trust beneficiary is entitled to distribution of the balance of the beneficiary's trust share in accordance with the trust provisions set forth above, the trustee shall distribute to such trust beneficiary the remaining principal and accumulated net income of his trust share, less the beneficiary's pro rata share of unpaid trust administration expenses. If a trust beneficiary survives me but predeceases the complete distribution of his or her trust, such trust will be terminated forthwith and the remaining principal balance and any accumulated but undistributed net income will be distributed to the deceased beneficiary's surviving heirs at law. If a trustee determines, in the trustee's discretion, that the corpus of a trust share is of insufficient value to economically administer, the trustee may terminate the trust in accordance with applicable state Iaw and distribute the accrued and undistributed net income and remaining principal balance of the trust share to the trust beneficiary, outright and free of trust. GENERAL TRUST PROVISIONS Trustee Powers (a) General Powers and Duties. Each trustee of a trust created under this Will will have all of the powers deemed necessary and appropriate to administer that trust, including all powers granted under Pennsylvania law, subject to the trustee's fiduciary duties to the beneficiaries and any restrictions or limits set forth under Pennsylvania law. (b) Specific Powers. In furtherance of subsection (a) above, the powers of the trustee include, but are not limited to, the powers to: 1 • Collect, hold, maintain, manage, and administer the assets of the trust as if the trustee were the absolute owner of it; 2. Sell, trade, deal, encumber, mortgage, pledge, option, lease, lend, or improve the assets of the trust; Page 6 of my Last Will and Testament `' S (initial) 3. Invest, reinvest, and make purchases with the profits and principal of the trust in every kind of property, asset, and investment; 4• Barrow money from the trust for trust purposes; 5• Employ and pay reasonable fees to counsel, accountants, financial advisors, and any other professionals deemed necessary or advisable for the proper administration of the trust; 6- Enter into contracts and otherwise execute any instruments on behalf of the trust; 7• Establish bank, brokerage, and other financial and nonfinancial accounts for and on behalf of the trust, and execute any and all documents on the trust's behalf in relation thereto, including any resolutions, certifications, or certificates required for such accounts; 8. Distribute or divide the assets of the trust in accordance with this Will (subject to any restrictions or limits set forth under Pennsylvania law), and execute any documents necessary to administer any trust or subtrust created by this Will; 9. Continue, operate, expand, manage, and sell any business that is a trust asset; 20. Commence, defend, arbitrate, and settle legal claims or actions concerning the trust or the assets and property in the trust; 11. Exercise voting rights, give proxies, and enter into voting agreements with respect to stock and other business ownership interests held by the trust; 12. Prepare tax returns and take any necessary or desirable actions with governmental agencies; and 13. Purchase and modify insurance. Page 7 of my Last Will and Testament ~~ (initial) Physical Segregation ~f Tr„~+ cH,,.,,., ,.T..~ n ~ui ~~ 1 ~ ~ ~ nequired If more than one trust is created under this WiII, the trustee is not required to physically segregate or divide the assets of the various trusts, except if physical segregation or division is required on the termination of any of the trusts. Notwithstanding the forgoing, the trustee shall maintain separate books and records for each separate trust. Bond Not Required No trustee of any trust created under this instrument is required to post a bond. Distribution Authority If the trustee is required by this Will to divide any trust property into parts or shares or otherwise, the trustee is authorized, in the trustee's sole discretion, to make that division and distribution in identical interests, in kind, or partly in kind or partly in money, pro rata or non pro rata. For this purpose, the trustee may sell such trust property not specifically devised as the trustee deems necessary. Trustee Compensation The trustee is entitled to annual reasonable compensation for services rendered in that capacity. Trustee fees will be prorated for any partial years of service in amounts proportionate with the period of service during that year. Spendthrift Provision No interest in the principal or income of any trust created under this instrument may be anticipated, assigned, encumbered, or subjected to a creditor's claims or legal process until it is actually received by the beneficiary. This spendthrift provision constitutes one of the material purposes of the trusts created hereunder. Payments to Minor Benefit;ar;aa The trustee may make distributions from a minor's trust share, up to the whole thereof, to the guardian of the minor's person, a custodian for the minor under the applicable Transfers to Minors Act, or Gifts to Minors Act, or the trustee may apply distributions directly for the minor's benefit. Page 8 of my Last Will and Testament ~ ~ (initial} Qualified Subchapter S Trust Provision It is my intent that any trust created herein holding stock in a qualified subchapter S corporation, if any, for any beneficiary qualify as a qualified subchapter S trust ("QSST"). A QSST will have at least one beneficiary and the income of that trust will be distributed at least annually. If a trust is comprised of shares in a "small business corporation," as defined in Section 1361 of the Code or any successor thereto, the trustee may segregate said trust property into a separate trust and, as trustee, may modify the terms of said trust (if necessary) so that said trust will be a QSST as defined in the Code or any successor thereto. The trustee shall make any such modification by a written document signed by the trustee and delivered to the beneficiary of said trust or to the guardian of any minor beneficiary or conservator of any incompetent beneficiary. The terms of the so-called QSST will continue for so long as necessary as long as an election under Section 1362 of the Code or any successor thereto, is in effect. When the trust property is no longer comprised of small business corporation stock or a Section 1362 election has not been made, the special QSST will terminate and the trust property will be held in accordance with the terms of the original trust. EXECUTOR NOMINATION I nominate my sister, Mary E. Hertzog, to be the executor of this Will. If, for any reason, my first nominee executor is unable or unwilling to serve or to continue to serve as executor of this Will, I nominate my mother, Betty Garczynski, to be the executor of this Will. If none of the nominated executors are able and willing to serve or continue to serve, and the vacancy is not filled as set forth above, the majority of estate beneficiaries shall nominate a successor executor. If the majority of estate beneficiaries are unable to nominate a successor executor, the vacancy will be filled pursuant to a petition filed in a court of competent jurisdiction by the resigning executor or any person interested in the estate. Page 9 of my Last Will and Testament ~.r (initial) MISCELLANEOUS EXECUTOR PROVISIONS The term "executor" includes any executrix, personal representative, or administrator, if those terms are used in the statutes of any state that has jurisdiction over all or any portion of my estate. My executor will have broad and reasonable discretion in the administration of my estate to exercise all of the powers permitted to be exercised by an executor under state law, including the power to sell estate assets with or without notice, at either public or private sale, and to do everything he or she deems advisable and in the best interest of my estate and the beneficiaries thereof, all without the necessity of court approval or supervision. I direct that my executor perform all acts and exercise all such rights and privileges, although not specifically mentioned in this Will, with relation to any such property, as if the absolute owner thereof and, in connection therewith, to make, execute, and deliver any instruments, and to enter into any covenants or agreements binding my estate or any portion thereof. If there are two co-executors serving, they shall act by unanimous agreement. If there are more than two co-executors serving, they shall act in accordance with the decision made by the majority of co-executors. Subject to specific provisions to the contrary, I authorize my executor to distribute a share of my estate given to a minor beneficiary, up to the whole thereof, to a custodian under the applicable Transfers to Minors Act or Gifts to Minors Act, if in the executor's discretion, it is in the best interests of the beneficiary. The executor may also make distributions to a minor by making distributions to the trustee of a trust created under this Will for a minor beneficiary, the guardian of the minor's person, or the guardian of the minor's estate. No person named as an executor is required to post any bond. I authorize my executor to make the following choices or elections in my executor's absolute discretion, regardless of the resulting effect on any other provisions of this Will or on any person interested in my estate or in the amount of any of the taxes referred to: (a) choose a valuation date for estate or inheritance tax purposes or choose the methods to pay estate or inheritance taxes; (b) elect to treat or use an item, for either federal or state tax purposes, as either an income tax deduction or as a deduction for estate or inheritance tax purposes; (c) determine when a particular item is to be treated as taken into income or used as a tax deduction, to the extent the law provides that choice; and (d) disclaim all or Page 10 of my Last Will and Testament ~~- (initial) any portion of any interest in property passing to my estate at or after my death, even though any of these actions may subject my estate to additional tax liabilities. No person adversely affected by my executor's exercise of discretion under this clause is entitled to any reimbursement or adjustment, and my executor is not required to make any adjustment between income and principal or in the amount of any property passing under this Will as a result of any election under this provision. I authorize my executor, without obtaining court approval, to employ professional investment counsel on such terms as my executor considers proper, and to pay the fees of investment counsel as an expense of administration of my estate. However, my executor is under no obligation to employ any investment counsel. I authorize my executor either to continue the operation of any business belonging to my estate for such time and in such manner as my executor may consider advisable and in the best interest of my estate, or to sell or liquidate the business at such time and on such terms as my executor may consider advisable and in the best interest of my estate. Any such good faith operation, sale, or liquidation by my executor will be at the risk of my estate and without liability on the part of my executor for any losses that may result. SIMULTANEOUS DEATH If it cannot be established if a beneficiary of my estate survived me, the provisions of the applicable Uniform Simultaneous Death Act, as amended, or any substantially similar successor act effective on the date of my death, will apply. NONLIABILITY OF FIDUCIARIES Any fiduciary, including my executor and any trustee, who in good faith endeavors to carry out the provisions of this Will, will not be liable to me, my estate, my heirs, or my beneficiaries for any damages or claims arising because of their actions or inaction, or the actions of any predecessor fiduciary acting pursuant to this Will. My estate will indemnify and hold them harmless. Page 11 of my Last Will and Testament ~~ (initial) SAVINGS CLAUSE If a court of competent jurisdiction at any time invalidates or finds unenforceable any provision of this Will, such invalidation will not invalidate the whole of this Will. Ail of the remaining provisions will be undisturbed as to their legal force and effect. If a court finds that an invalidated or unenforceable provision would become valid if it were limited, then such provision will be deemed to be written, deemed, construed, and enforced as so limited. Page 12 of my Last Will and Testament ~~ (initial) IN WITNESS WHEREOF, I, the undersigned testator, declare that I sign and execute this instrument on the date written below as my last will and testament and further declare that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in this document, and that I am eighteen years of age or older, of sound mind and memory, and under no constraint or undue influence. (Si re of Juha Garcz i Date: ~~-~~~ ~~.b~~ Page 13 of my Last Will and Testament ~~ (initial} ATTESTATION This last will and testament, which has been separately signed by Julia Garczynski, the testator, was on the date indicated below signed and declared by the above named testator as his or her last will and testament in the presence of each of us. We, in the presence of the testator and each other, at the testator's request, under penalty of perjury, hereby subscribe our names as witnesses to the declaration and execution of the last will and testament by the testator, and we declare that, to the best of our knowledge, said testator is eighteen years of age or older, of sound mind and memory and under no constraint or undue influence. (Signature Date: ~O~ p~o1- aD/ / ~ ._.. (Signature of witness) Date: 1 a ` ~ - ~ ~ (Print Name) l4 ~ ~LcM7~ (Address) (City, State, ZIP) (Print Name) ~ (Address) (City, State, ZIP) Page 14 of my Last Will and Testament (initial) SELF-PROVING AFFIDAVIT Acknowledgment Commonwealth of Pennsylvania County of ~ tYl a 6 R 1. ~ tJ D I, Julia Garczynski, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; 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 Julia Garczynski, the testator, this ~~ day of ~l/C ~ m1'!36 K 20 ! ~ s 'gnature of Julia Garczyn i Signature of N tary Public ( LTM~,P.~, N LVANIA NOTARIAL SEAL QtNA UBALDt, Nosy public Camp Hill Boro, Cumberland Courxy My Commission Expires February 12, 2014 .v_ Affidavit Commonwealth of Pennsylvania County of ~ rY1 -31; 2 `L~'~ ^f D-{~ W~g c2 Lc K~ '1'' u and ,' fhe witnesses whose / names are signe~e attached or foregoing instrument, bein dul ualified accordin to law, g q g do depose and say that we were present and saw the testator sign and execute the instrument as the testator s Last Will; that the testator signed willingly and executed it as the testator s free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 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 `'~~+~ ~hQLzS/,~LS'K,,nd ~ ~<'o~„w vy.~wu,~-f a„` Q~ • ,witness is ~ day of i G ~Y16 f: 20 !I U { >_~ _/ Signature of Witne gnature of Witness ~, mmv~~ii~L~ALI ~ ~ iiCAl1~Q T ~ ~ie-u~ NOTARIAL SEAL Signature of Notary Public QtNA UBALDI, Nc#ary Dubuc Camp Hill eoro, Cumberland County (Seal) My Commission Expires February 12, 201