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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the; appropriate form:
Decedent's Information
Name: ARTHUR V. ENCK SR. ~/ ,~ r-
a/k/a: File No• __ j~_~
a/k/a: (Assigned by Register)
a/k/a:
Date of Death: JANUARY 26 2012 Social Security No: 179-12-4348
Age at death: 90
Decedent was domiciled at death in CUMBERLAND
County, PFNNSyf,VART*~ (Stare) with his/her last
principal residence at 307 FORGE ROAD BOILING SPRINGS 17007 S. MIDDLETON TOWNSHIP CUMBERLAND
Street address, Post Office and Zip Code
City, Township or Borough County
Decedent died at CARLISLE REGIONAL MEDICAL CENTE 17013 CARLISLE
Street address, Post Ofrice snd Zi Code CUMBERLAND PA
P City, Township or Borough Coun
Estimate of value of decedent's property at death: ty State
Ifdomiciled in Pennsylvania........ , .. ... , . , . • All personal property
If not domiciled in Pennsylvania ............. $ 10 000.00
• • • • • • ..... Personal property in Pennsylvania $
If not domiciled in Pennsylvania ........................ Personal property in County $
Value of real estate in Pennsylvania ............................... .
........ ........ $ 150,000 00
TOTAL ESTIMATED VALUE.... $ 160 ~ nn
Real estate in Pennsylvania situated at: 307 FORGE RD BOILING SPRINGS 17007 S MIDDLETON TOWNSHIP CUMBERLAND
(Attach additional sheets, tf necessary.) Street address, Post Office and Zip Code
City, Township er Borough County
® A. Petition for Probate and Grant of Letters Testaments
Petitioner(s) aver(s) he,/she/they is/are the Executor(s) named in the last Will of the Decedent, dated OCTOBER 24 1997
thereto dated and Codicil(s)
State relevant circumstances (erg, renunciation, death ojexecutor, etG)
Except as follows: after [he execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS o EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.t.a., pendentelite, ci'uranteabsentia, duranteminoritate
If Administration, c.t.a. or db.n.c.i:a., enter date of Will in Section A above and com lete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ®EXCEPTIONS
Form RW-02 rev. !0////20/1
Page 1 of 2
Petitioner(s), afters proper search has/have ascertained that Decedent left no Wilt and wac ~,~,,,;.,ea ~....,._ ~ ~~ _ _
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
To the Register of Wills:
Please enter my appearance by my signature below:
Petitioner(s) Printed Name Petitioner(s) Printed Address
ARTHUR V. ENC JR. 217 FORGE ROAD BOILING SPRINGS PA ~K ~r
GARRY L. ENCK 342 D STREET, CARLISLE, PA 17013
TERRANCE M. ENCK PO BOX 312 BOILING SPRINGS NPA 17007
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s) and that, as Personal Representative(s) of the Dece t, the Petitioners will well and ly administer the estate according to law.
Sworn to or affirmed ubscribed before Date - /'4 ~ ~ Z
~~~ + Date ~ ~ Z
met yo
Date ~k f ~! lv t 2
By: ~ ,-
Date
or the Register
BOND Required: Q YES ~ NO
FEES:
Letters ...................... $ 260.00
( 2) Short Certificate(s)...... 8.00
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
. i
Commissron ................. .
Other ••••••••
WILL ........ 15.00
Attorney
Use
~~ ..~. r
r~
Printed Name: MARCUS A. Mc IGHT, III
Supreme Court
Firm Name: IRWIN & McKNIGHT, P.C.
Address: ~~ IIICQT DlIA~(FRFT CTT2FF'r
C RI I4 E, PA 17013
Phone:
........
Automation Fee ............... _ 5.00 Fax:
JCS Fee. 23.50 Email:
TOTAL ..................... $ 311.50
(717)249-2353
(7171249-6354
DECREE OF THE REGISTER
Estate of ARTHUR V ENCK SR
a/k/a:
AND NOW, , ~_, inconsideration of the foregoing Petition,
satisfactory proo ing bee resente before me, IT IS DECREED that Letters ~
are hereby granted to k f }" ~ ~'
~--~ in the above estate (if applicable) that
the instrument(s) dazed ~
described in the Petition be admitted to pro ate and filed of record as the last Will (an odici}(s)) of ecedent.
Form RW-01 rev. !0/11/1011
^'
File No•
of
~~Page 2 of 2
H105.805 REV (9111)
LOCAL R CERTIFICATION OF DEATH
!r~ py hotostat o~r photograph.
WARNING: I~ ~ t. 'p, I to this co by p
(T. i _
r ,,,,,,,,,,,,,,,,,, This is to certify that the information here given is
Fee for this certificate, $6.00 ~~~ ~ 2 ~~g ~ 4 p~ z: I ''P`jN OF pfNy : correctly copied from an original Certificate of Death
)t),r('o.2`~ (rL` duly filed with me as Local Registrar. The original
p~ ~ 9a certificate will be forwarded to the State Vital
Za
Ci~T~i~ ~ : ~~ . .~ _,
///~~~j~~~.(~//Wyy~P~~~1~~,ttlf ° ~. as Records Office for permanent filing.
P 18 210 512 ~1111(I'
`~=9TMENT ~E,~1 Date Issued
"~~~~~~~""' Local Registrar
Certification Number
Type/Print In COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECO
'8
permanent CERTIFICATE OF DEATH scats Fne Nl, m'ber: ^~ ~_~ A ae~ Da,.nrl (sge6 Mm
~_
:Ink
1 Z. sex aas~,a ~«•,...... _...__
. Decedent's Legal Name (First, Middle, Last, Suffix) Male 1 79- 1 2-4348 January 26 , 20 1 2
ARTHUR V. ENCK SR. r~e
f Hlrth (MO/Day/Year) (spell Month) 7a. BICBr
n18
~1 ed SPenns y ~
6 V 8
11 EI
Age-Last Birthday (Yrs) 6b. Vndar 1 Year Sc. Under 1 Da 6. Date o
a
t .
90 Months Days Hours Minutes June 24 , 1 92 1 Tb. Birthplace (County) um ar 8n
State or Forfign Country) Sb. Residence (Street and Number- Include Apt No.) ~}res Decedent Llve in a To SOUth Middle ton Cwp.
8 a. Residence (
Pennsylvania 307 Forge Road decedent lived in
H d. Residence (County] Q No, decedent Ilved within limits of city/born.
3
8nd 9e. Residence (Zip Code) Iva name for to first marriage)
Cumber
t Time of Death ~ Married ~tWidowed 11. Survivingg Spouse's Na (If wl[e,B Pr
e
li
9 ca
. Ever in US Armed ForeesT 10. Marital Status a
d (] Never Married ~Vnknown NOt App
~Ves Q No QUnknown O Divorce
13. Mother's Name Prior to First Marriage (First, Middle, Last)
12. Father's Name (First, Middle, Last, Suffix)
Esthel- Brown
Arthur G. Enck
Informant's Malling Address (Street and Number, Clty, State, Zip Code)
t 14c
d
.
en
14b. Reletlonahlp to Dece
1aa. Informant's Name 217 For a Roaci Boilin S rin s, Pa 17007
Son
~ A th r V . Enck Jr .
aFe o -~~ gn.y,ona .. . .... . .. ....... •• a •••---•" etedent s Home •••~~
1 a. ea[
.. ....
. ..... ....
F ciilty
~ D
s
i
~ H
G p
ce
o
........................ ........ ~wt• ilf Death Occurred Somewhere Other Than a Hospital:
urred In a Hospital: s-.-inPaLleM
Other (Specify)
h O
_
cc
If Deat
t Deed on Arrival Nursing Home/long-Term Care Faclllry
Qeatl?
0
i
t
d
en
. ~un~
y
Emergency Room/Outpat
1 tre t and number; 15c. City or Town, State, and Zip de SS
t
Name (If not instintion, g ve s ~ lard
ilit
F
Pa 1701
b
l
li
y
ac
15
.
s
e,
Carlisle Regional Medical Center Car
or other place)
crematory
t
,
ery,
l Cremation 16b. Date o7 Disposition 16c. Place of Disposition (Name of ceme
16a. Method of Disposition Q Buria
2012 Roctarl FtJaxeral Home CCraDatOry~
nation
D
30
o
J~,Z
,
~ Removal from State ~
~1 Other (Spec(ty) uneral Se lice r Person In ChaBe of Inter nt 17b. License Number
[
l
F~ gna
u ~'~--012-L
16d. I~ocatj0[~ 01 Disp ~Itlorl (~II1L 9f Town, state, and ZIP) 17a. S
Cl l
3
'
_
a I
L+8r 11818, i
ral Fac111tY
f
9 Fune
17c. Name and Complete Address O
eral Home 255 York Road Carlisle Pa 17013 ace
-Check ONE OR MORE r s to Indicate what
R
'
F
ace
Lni
s
Ronan
tion -Check the box that best describes the 19. Decedent of Hispanic Origin -Check the 20. Decedent
nt considered himself or herse~
d
'
d
h
d
uca
ece
e
s E
e
1H. Decedent
ree or level of school completed at the time of death. box that best describes whether the decedent t
Korean
"N
" Whiite ~
t de
h
hi
i- g
es
g
O
~ 8th grade or less is spanish/Hispanic/Latino. Check the
nish/Hlspanlc/Latino. Q Black or African American Q VN[namese
t S
pa
~ No diploma, 9th - 12th grade b x if decedent Is no
nish/Hlspanlc/Latino ~ Anerican Indian or Alaska Native ~ Other Asian
S
pa
High school graduate or GED completed ®No, not
Yes, Mexican,~Mexlcan American, Chicano ~ Asian Indian (] Native Hawallan
Q Guamanian or Chamorro
t no degree ~
dit
b
,
u
Some collage cre
Puerto Rican (] Chinese
~ Fill pino 0 Samoan
Associate degree (e.g. AA, AS) Q Yes,
Cuban
~ Bachelor's degree (e.g. BA, AB, BS) ~ yes' Japanese ~ Other Pacific Islander
other Spanish/Hispa nlc/Latino Q
~ Yes
,
Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA)
0 Other (specify)
Q DoROrete (e.g. PhD, EdD) or Professional degree (Specify)
. MD DOS DVM LLB JD
t the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation -Indicate type o1 wor
h
a
done during most of working Ilfe. 00 NOT USE RETIRED.
21. Decedent's Single Race Self-Designation -Check ONLY ONE to Indicate w
® White Q Japane Q Samoan
n e ~ Other Paclflc Islander Laborer
~ Black or African American Q Korea
~ Don't Know/Not Sure
siness/Industry
of
Bu
~ American Indian or Alaska Native Q Vietnamese
(] Refused 22b. Kind
-
N
^
Asian Indian Q Other Asian
Q Nature Hawallan (] Other (Specify) US W VG~nt
Q Chinese
Q Guamanian or Chamorro
mber
~ Flit Pino
NU
icense
L
r 23 . Slgnatu re o Person Pronouncing Deat On y when appl ea le 23c
M
Da
11
~~
O
y
eta
ITEMS 23a - MV T BE COMPL ED 23a. Date Pron D
l
p
M
'
~
~
'
^I
~1 Icj
J
BY PERSON WHO PRONOUNCES OR OJ p26 pu7' J ~^ (~~-~
CERTIFIES OEATH
23d. Data Sign d (Mo/Day/Yr) 24. Time of Death y ye, No
Was Medical Examiner or Coroner Contacted? ~
25
/
~
~
.
\
~
~~ Z OYA /
~
Approximate
CAUSE OF DEATH
l:
I
t
n
erva
m Iicatlons--that directly caused the death. OO NOT enter teirminal events such az cardiac arrest.
Add additional lines If necessary O et to Death
Enter the h i fevents--diseases, Injuries, or co p
use on a Ilne
t 1
P
6
l nS
.
.
ar
y one ca
2
.
R
respiratory arrest, or ventricular flbrillatlon without showing the etiology. DO NOT ABBREVIATE. Enter on
J
1"TYO G /.t 2 p / it L ~~/ P/'t-!Z~ T J f7 /~/ '_
IMMEDIATE CAUSE --------------> a.
Due t0 (o as a consequence of):
r
(Final disease or condition
In death) C
ltin
g
resu
~
/J
Sequentially list conditions, b Due to (or as a consequence of).
if any, leading to the cause
listed on Ilne a. Enter the Due to (or as a consequence of):
UNDERLYING CAUSE
ec (disease or Injury [hat
F initiated the events resulting d. Due to (o as a consequence of):
r
~ in death)LAST.
27. Wa autopsy performed?
Part 1
I
i
ven
n
g In the underlying cause g
r other i ifs a t diti t Ib tl t d th but not results n
Q Yes No
t
E
g n
e
26. Part 11.
a
~~1 T2 f ~ L x /Q /Z r [.L~} T/ o /~/ 26. Were autopsy findings available
to co plate the cause of death?
, (] Vas No
v~ga
' If Female: 30. Dld Tobacco Use Contribute to Death] 31. Manner of Death
~ ~ Natural Q Homicide
9
l
3
E 2
.
y
0 Not pregnant within past year Q Yes O Probab
~ No ~ Unknown ~ Accident O Pending Investigation
determined
t b
ld
~ no
e
~ Pregnant at Lima of death (] Suicide ~ Cou
h
$' Q Not pregnant, buT pregnant wlthln 42 days of deat
Mo/Day/Yr) (Spell Month)
s to 1 year before death 32. Date of Injury (
t 43 da
~ y
33. Time of Injury
0 Not pregnant, but pregnan
Q Unknown If pregnant wlthln the past year
home; construction site; farm; school)
(e
g
of Inju
Pl 35. Location of Injury (Street and Number, Clty, state, Zip Code)
.
.
ry
ace
34.
38. Describe How Injury Occurred:
36. Injury at Work 37. If Transportation Injury, Specify:
~ yes ~ Driver/Operator Q Pedestrian
~ No Q Passenger ~ Other (Specl(y)
39a. Certifier (Check only one): y ge anner stated
Q Certifying physician -TO the best of m knowled death o tarred due t0 th
e cause(s) and m nd 1 ce and due to the c se(s) and manner stated
e
a
d
t
a
c
a
e,
p
Pronouncing 8. Certifying Physician - To the bast Of my knowledge, death oc urred at the time,
and 1 and due to the cause(s) and ma stated
pace, ~[ ^^er
nd/or Investigation, in my opinion, death ocCU rred at the time, date,
basis of examinstlon
th
/
/
,
e
Medical Examiner/Cgrgn r - On
-7
Title of certifier: Iw-i'f'`ifj License Number: ~ ~y/~i /
Signature of certiFler.
39c. Date signed (MO/Day r
39b. Name, Address and Zip Code of Person Completing Cause of Death (Item 26)
Pa 17015
li
l
C Jan 26, 2012
e,
s
ar
CtHME ( CRMC
~~
LUre
Registrar s c
43 42. Registrar FI a Date Mo Day
40. Registrar's District Num er .
S
a-~
~ ~u
[~
43. Amendments
,
H105-143
Disposition Permit No.~~ ~ ~ ~ r~ ~ - ~~~ ~~~~V--
F~,\FII.ES\DATAFILE\WILLS\8929-H. WIL
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r... `..J ~~ ~....:.
~•~
"'TT I'_i..t ~
i,AST WILL AND TESTAMENT ~ ~ ~ r
I, ARTHUR V. ENCK, SR, of South Middleton Township, Cumberl ty~ ~-~ ~ ~"~
~n,p ~-~,.; C.J
Pennsylvania, being of sound and disposing mind and memory, do hereby make, publisl3iscla~ -- j ~"
this to be my Last Will and Testament, hereby revoking any and all former Wills or Co~ci~s by-mom
made.
ITEM ONE
I direct that all my just debts, funeral expenses, testamentary expenses and all inheritance
taxes shall be paid to the extent possible from those assets held or passing under ITEM FOUR hereof
as soon as practicable after my decease and as part of the administration of my estate.
ITEM TWO
I give all of my personal and household effects, automobiles, boats and collections, if any,
and any insurance policies thereon, unto my wife, MARGARET K. ENCK, if my wife survives me
by thirty (30) days, otherwise to my children who so survive me to be divided equally among them
as they agree. My Executrix shall sell any property as to which there is no such agreement within
sixty (60) days after the admission of this Last Will and Testament to probate and shall add the
proceeds to the residue of my estate.
ITEM THREE
If my said wife, MARGARET K. ENCK, survives me, in order to obtain the portion of the
marital deduction allowed in my estate by the Federal tax laws that will eliminate all Federal estate
taxes payable as a result of my death, my Executor shall divide my residuary estate into two portions
known as the "Marital Fund" and the "Credit Trust."
The Marital Fund, which shall not be reduced by any taxes payable by reason of my death,
shall be that fractional proportion of the entire residuary estate determined as follows:
The numerator of such fractional proportion of my residuary estate shall be the smallest
amount which, if allowed as a marital deduction, would result in the least possible Federal estate tax
being payable as a result of my death, after allowing for the unified credit against Federal estate tax
and all available credits and deductions claimed. The numerator shall be reduced by the value of any
~~-~
A.V.E.
Page 1 of 8 Pages
other property which passes to my said wife, MARGARET K. ENCK, which qualifies for the marital
deduction and reduced by that amount, if any, which, when added to my taxable estate, will result
in Federal estate tax no larger than the credit for State death taxes allowed in my estate without
increasing any State death taxes payable as a result of my death.
The denominator of this fraction shall be the value of the entire residuary estate. Values
assigned to the property for the purposes of this computation shall be those values finally determined
for Federal estate tax purposes.
The Marital Fund shall be distributed outright to my wife, MARGARET K. ENCK, as soon
as practicable after my death.
The Credit Trust shall be held and managed by my Trustee(s) in accordance with ITEM
FOUR of this my Last Will and Testament.
My Executrix shall have the power to distribute assets in cash or in kind to the Marital Fund
and to the Credit Trust and to select specific property to be distributed to the Marital Fund or the
Credit Trust without regazd to the income tax basis on such property. In making these allocations,
my Executrix shall use the value of the assets as of the date or dates of distribution so that each
distribution shazes proportionately in the appreciation or depreciation of assets between the date of
my death and the date or dates for distribution. However, no allocation of assets shall be made to
the Marital Fund which does not qualify for the marital deduction. 'I'o the extent that other assets
which qualify for the marital deduction are available, there shall not be allocated to the Marital Fund
(a) assets with respect to which an estate tax credit for foreign taxes paid is allowable or (b) any
payments under an employees trust or retirement annuity contract of the type described in Section
2039(c) of the Internal Revenue Code or subsequent provisions of similaz import or (c) United States
Treasury Bonds that aze eligible for redemption at paz value in payment of the Federal estate tax.
In computing the marital deduction all generation-skipping transfers for which I am the "deemed
transferor" shall be disregarded.
If I am not survived by my said wife, MARGARET K. ENCK, I give, devise and bequeath
all of the rest, residue and remainder of my estate, both real and personal property, unto my Trustees
to be held or distributed by such Trustees under ITEM FOUR (c) through (f) hereof.
Page 2 of 8 Pages
If my said wife, MARGARET K. ENCK, survives me and disclaims any portion of the
Marital Fund, such portion shall be added to the Credit Trust.
If my said wife, MARGARET K. ENCK, and I die simultaneously, or under circumstances
which render it difficult to determine who died first, my said wife shall be deemed to have survived
me for all purposes of this my Last Will and Testament.
ITEM FOUR
CREDIT TRUST
My Trustee(s) shall hold the assets received under ITEM THREE hereof, if any, for the
following purposes:
a. To pay the net income, at least quarter-annually, to my wife, MARGARET K. ENCK,
for life. In addition, the Trustee(s), in their sole discretion, may invade the principal of the trust to
provide for the proper and adequate support of my said wife, MARGARET K. ENCK.
b. The Trustee(s) shall pay to my said wife, MARGARET K. ENCK, annually, such
sum from the principal of the trust as my wife may request in writing, provided, however, that said
sum may not exceed the greater of Five Thousand Dollazs ($5,000.00) or five percent (5%) of the
aggregate value, at the time of said request, of the principal of the trust hereunder.
c. Upon the death of my said wife, MARGARET K. ENCK, my Trustees shall distribute
the principal of the trust to my sons, ARTHUR V. ENCK, JR., GARRY L. ENCK and TERRANCE
M. ENCK, in equal shazes, absolutely.
d. In the event that any of my said sons shall fail to survive my wife and me, but shall
leave a spouse surviving, then such deceased son's shaze shall be Held by my Trustees and the
Trustees shall pay the net income therefrom, at least quarter-annually, to the surviving spouse of
such deceased son for life.
e. Upon the death of such surviving spouse of such deceased son, or in the event such
deceased son had no spouse at the time of his death, the net income of such trust shall be used for
the support, maintenance and education of the issue of such deceased son. My Trustees shall use
as much of the principal as it shall deem desirable for said purposes. My Trustees shall distribute
absolutely the principal of such shaze of such deceased son to the issue of such deceased son per
A.V.E.
Page 3 of 8 Pages
stirpes as each shall attain the age oftwenty-one (21) years. In the event that such deceased son shall
not leave issue surviving, then such deceased son's share shall be added to the shares of my other
sons as if originally a part thereof.
f. Notwithstanding any other provisions to the contrary, in. no event shall any share be
distributed to any beneficiary later than twenty (20) years after the later of the death of my wife or
me or the surviving spouse of any deceased sons.
ITEM FIVE
POWERS OF EXECUTRIX AND TRUSTEE
In addition to the powers conferred by case law, by statute, anti by other provisions hereof,
my Executrix and Trustee and their successors, shall have the following discretionary powers
applicable to all property held by them which powers shall be effective without order of any court
and shall exist until final distribution:
a. To retain any property of any nature received by them for whatever period they shall
deem advisable;
b. To invest and reinvest all or any part of said property in such stocks, bonds, common
trust funds, securities, accounts, certificates of deposit (including, but :not limited to, stocks, bonds,
common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property,
real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the
property which a fiduciary may purchase;
c. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash
or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration
of any trust herein, without liability on the purchasers or lessees to see to the application of the
proceeds, and to give options for these purchases without the obligation to repudiate them in favor
of a higher offer;
d. To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of any trust hereunder;
e. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
Page 4 of 8 Pages
f. To assume continuance of the status of any beneficiary with regard to death, mamage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
g. To pay from the trust, or the income therefrom, all debts or claims against my estate,
or any taxes or similar charges on my estate;
h. To make any distribution hereunder either in kind or iri money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
distributed, and my Trustee(s), in their absolute discretion, may cause: the share distributed to any
distributee to be composed of property similar to or different from that distributed to any other
distributee;
i. To exercise any subscription right in connection with any security held hereunder,
to consent to or participate in any recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be: held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
j. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
k. To continue in any partnership, joint venture, joint ownership or other business
enterprise of which I am a part at the time of my death;
1. To compromise claims;
m. To continue for whatever period of time as they shall deem necessary any ownership
as a tenant in common or as a partner, in real estate or other property and to act as I could have done
had I been living;
n. To lend money to my estate or to any trust created hereunder or to purchase from the
estate or from any trust created hereunder, at the market value thereof at the time of purchase, any
securities or other property tendered to them by my estate or any trust created hereunder at any time
and from time to time within a period of nine (9) months after my death;
o. In the event that any amounts are payable hereunder or under any trust created
A1e~V.E.
Page 5 of 8 Pages
hereunder to a minor, or to a person otherwise under legal disability, ox~ to a person not adjudicated
incapacitated, but who, by reason of illness or mental or physical disability is, in the opinion of
fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by
the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she
or they may deem best:
(1) Directly to such beneficiary;
(2) To a legally appointed guardian of such beneficiary for the benefit of such
beneficiary;
(3) To a person having custody of such beneficiary for the benefit of such
beneficiary;
(4) By the fiduciary(ies) hereunder using such amounts directly to the benefit of
such beneficiary.
p. To employ agents, attorneys and proxies and to delegate to them such power as my
personal representative(s) and Trustee(s) consider desirable and to pay reasonable compensation for
such services as may be rendered by such agents, attorneys and proxies; to retain the services of
Diversified Appraisal Services or such other firm of which Larry Foote; is a principal for the conduct
of any real estate appraisals;
q. To conduct an inventory of any safe deposit box necessary to the administration of
my estate.
r. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM SIX
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit of the beneficiaries of any trust hereunder
shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor
shall any such interest, while in the possession of my Trustee(s), be liable for or subject to the debts,
contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or
sequestrations under process of law.
l~
A.V.E.
Page 6 of 8 Pages
ITEM SEVEN
APPOINTMENT OF EXECUTRIX AND TRUSTEE
I nominate, constitute and appoint my wife, MARGARET K. ENCK, as Executrix of my
estate. In the event that my said wife predecease me or fail to act or continue to act as Executrix,
then I appoint my sons, ARTHUR V. ENCK, JR., GARRY L. ENCK and TERRANCE M. ENCK,
or the survivor(s) of them, as Executors of my estate.
I nominate, constitute and appoint my wife, MARGARET K. ENCK, Trustee of any trust
created hereunder. In the event that my said wife shall precedease me or fail to act or continue to
act as Trustee, then I appoint my said sons, ARTHUR V. ENCK, .TR., GARRY L. ENCK and
TERRANCE M. ENCK, or the survivor(s) of them, as Trustees of any trust created hereunder.
ITEM EIGHT
WAIVER OF BOND
I direct that neither my Executrix(ors) nor my Trustee(s) shall be required to file any bond
in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to
obtain any order or approval of any court for the exercise of any power or discretion set forth in this
Will.
IN WITNESS WHEREOF I have hereunto set my hand and seal this ~~ day of
~,~C.l~199~.
~~ (SEAL)
Arthur V. Enck, Sr.
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and
for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed
our names as witnesses thereto, in the presence of the said Testator and of each other.
Page 7 of 8 Pages
COMMONWEAI-TH OF PENNSYLVANIA
COUNTY OF CUMBERI-ANA
. SS.
I, Arthur V. Enck, Sr., 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; that I signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed. ~ n 1/'`
/J /Li~Iitw L/ Lew ~ ~ ~~
Arthur V . Enck, Sr.
Sworn or affirmed to and acknowledged before me by Arthur V. Enck, Sr., the Testator, this
p~~~ day of DCfiD~r , 1997.
G
Notary Public
Not lean' Seal
COMMONWEAI-TH OF PENNSYLVAI~TIA ) p~,i~ ~, N~e, Notary Public
SS. Carlisle Baro, umberland County
My Commission Expires Feb. 26, 2001
COUNTY OF CUMBERI-AND Member, Pennsylvania Association of Notaries
We, ~-k"F=(a~.~ L-. 1~. ~c~o,•-. o.~~c~ ~'1cS~c,;~~. ~' . ~~.•-~~~~r.
the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw Arthur V. Enck, Sr., the Testator,
sign and execute the instrument as his Last WillTtdhtae the oses therein expressedghataeach oftus,
Testator executed it as his free and voluntary act fo purp
in the hearing and sight of the Testator, signed the Will as witnesses; 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.
Address ~~~ ~ r ~ l ` ~ ~Sr~~
~ ~~ ~~ ~
Ad ess '' ~ ~
199
Sworn or affirmed to and subscribed before me thisG~~ d.ay of ~ ~~r
~ _-~_
N l i Seal Notary Public
DanIN L.otayreaNotary Public
CarHaN BoroN, Cumberland County
My Commleeion Expires Feb. 28, 2001
Member, Pennsylvania Association of N°tari~age 8 of 8 Pages