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HomeMy WebLinkAbout03-30-12PETITION FOR GRANT OF LETTERS REGISTER OF WALLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, wh is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) thi following and respectfully requests the grant of Letters in the appropriate form: ROXANNE M. COOPER Decedent's Information Name: WAYNE A ROTZ ~ File No: 21 -12 S ~j ~- a/k/a: i a/k/a: I (Assigned by Register) a/k/a: i Social Security No: Date of Death: 03/17/2012 ' Age at Death: 80 Decedent was domiciled at death n Cumberland County, pA (State) with his/her last principal residence at 129 WALN T BOTTOM ROAD, SHIPPENSBURG 17257 SHIPPENSBUF~G Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at CHAMBERSB RG HOSPITAL CHAMBERSBURG FRANKLIN PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's !f domiciled in Pennsyly If not domiciled in Penn; If not domiciled in Penn; Value of veal estate In Pt Real estate in Pennsylvania situated at (Attach additional sheets, it necessary.) Q A. Petition for Probate ai Petkioner(s) aver(s) that he/shefthey thereto dated rty at death: ••• ................. All personal property $ 25,000.00 ia ................. Personal property in Pennsylvania $ ia ................. Personal property in County $ vanla........... $ 150,000.00 TOTAL ESTIMATED VALUE$ 175,000.00 NORTH MORRIS STREET SHIPPENSBURG FRANKLIN a~~,o use vmw ena up coca City, Township or Borough County Grant of Letters Testamentary 'are the Executor(s) named in the Last Will of the Decedent, dated 06/09/2006 and Codicil(s) Except as follows: after the er divorce proceeding wherein th adopted; and Decedent was n QX NO EXCEPTIONS ^ B. Petition for Grar If Administration, c.ta ordb.n Except as follows: Decedent was not in 23 Pa. C.S. § 3323 (g) and was ne OX NO EXCEPTIONS Q EXCE Petitioner(s), after a proper search ha additional sheets, rf necessary): Name Relatlonshlp Address ~~ TIMOTHY W. ROTZ I Son ROXANNE M. COOPER i Daughter 7045 LINCOLN WAY EAST FAYETTEVILLE, PA 17222 i i~rare rerevant arcumstances, e.g., renunGation, death o1 executor, etc.) the instrument(s) offered for probate, Decedent did not ma ,was not divoroed, was not a party to a pending for divorce had been established as defined in 23 Pa. C.S~3323(g), and did not have a child born or victim of a killing nor ever adjudicated an incapacitated person. i of Administration (If applicable) ~~ c..a.; ..n.; ..n.c..a.; en e t e; uran en ta; ura mtnon a enter date of Will in Section A above and complete Ilst of heirs. ~ p '~'' ~-~~ 'T =~: .ric? to pending divorce proceeding wherein the grounds for divorce had been established as defir~ Z>~"j ~ t victim of a killing nor ever adjudicated an incapacitated person. -~ yp t-- pp~~ ~..., IS Z~ O l?_. Z~~ ascertained that Deoederit left no Will and was survived by the following spouse (if any) and hei[s~~ _'' ` T~ _ i_-: ~~ ~ ~~~ --rn Form RW-02 rev. 10-11.2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 1 of 2 !\~ .ra~~~ v. rrrsrsvnai r<epresentatlave ~~ ~;`i;.. ~,~_i --`"vf"O#~ialusaonly ~ COMMONWEALTH OF PENNSYL~/ANIA } "' ~ As`jl ; C J [~ , ' _~ couNTY of Cumberland } Petitioner(s) Printed Name Petitioner(s) Printed Address ~~ ; i i ROXANNE M. COOPER 7045 LINCOLN WAY EAST FAYETTEVILLE, PA 17222 ~ LEFiI~. (~~ i .~ ~ou~T i ~, The Petitioner(s) above-named sw belief of Petitioner(s) and that, as P Sworn to or affirmed and subscribe ar(s) or affirm(s) the statements in the foregoin Petition are true and correct to the best of the knowledge and rsonal Representative(s) of the Decedent, ~ioner(s) will wel1and truly administer the estate according to law. before >'1~ • L ~ Date C m t ' day of ' ~~- Date he Register Date Date BOND RequlredT ~ Yes I No To the Register of Wills: FEES ~ ~~ ~ Please enter my appearance by my signature below: Letters ............... ....... .. .......... Attorney Si nature: G ( ) _ ( ~) Short Certificates .......... ~, ~~ ( )Renunciation(s) ............... ', ( )Codicil(s) ......................... ( )Affidavit(s) ...................:... ', Printed Name: Hamilton C Davis Bond .............................................. ~ , Supreme Court Commission ................................... ' ID Number: 10264 Other ~, / Firm Name: Zullinger Davis, PC Address: 20 East Burd Street Suite 6 ', Shippensburg, PA 17257 ~ ,~--- Phone: 717!532-5713 Automation Fee ............................. ~~ a Fax: 7171 JCS Fee ......................................... - TOTAL ........................................... $ ~ ] , ~ --- E-mail: hdavis~ullinger-Davis.com ', DECREE OF THE REGISTER Date of Death: 03!17/2012 Social Security No: Estate of WAYNE A ROTZ File No: 21 -12 ~ ~ a/k/a: ~- AND NOW, , in consideration of the foregoing Petition, satisfactory proof a ing been prese ted before me, IT IS DECREED that Letters Testamentary are hereby granted to ROXANNE .COOPER in the above estate and (if applicabte~ that the instrument(s) dated described in the Petition be admitted o probate and filed of recd as 'G~r~I ', Register of Wilis ~ A, Copyright (c) 2011 forth soflwe y T Lackner Group I ~ I ~ 2 ~~(~-1 __ HI05.805 REV l9/It) _ _. -_ - _- -. LOC 'L RE~ .~ RAR'S CERTIFICATION OF DEATH ~' ~'~~ 1 Ito duplicate this cop b hotostat or hoto r Y Y P p g aph. Fee for this certificate., $6.00 ~. ~~;i2 ~=,~R 30 bit 9= ca CLERK Q~ .~ pHPN S C4UR P 18353056a~'~R~-~vnco.PA Certification 1`lumber Type/PMnt In Permanent Black Ink i. Dapderle's Lepl Wayne A. Rota Sa. Age-last BlKhdl 80 F alaan er-Bricker Fun ~ ' rat Home 1'12 W Kin St. PO Box 36, Shl penabu PA 17257 IB. Decedent s Eduptlen - Chec highest degree or level e7 seheel M• boz that bert daseribea Me completed at th ti f 19. OeeaderK Of Hispanic Origin -Check Me 20. Oecedeml Rea -Check ONE OR MORE Q gth grade or less e me o death, box Met best describes whether the decedent recce to Indlpte what the decedent consitlered himself or herself to b Q No dlPloma, 9th - 12[h gra e Is S anyh Nls P / panic/Latlno. Check the "N D" bo f d d ent If not Spanbh/Nls anl4Latl e. ]~ Whits Q Korean N Igh school graduate or G S D completed S N o n~ p no. ~$( panbh/Nbpanlc/latlno Black or Afrlun Amrrlun Q VleMemese [] ome college credit, Dut n [] Assodate degree (e 4A tletree ) Q Yea, Mexican, Mexlun Amerlwn, Chleano Q, American Indian or Alafke Nathn Q Other Allen )~ Asian Ind4n ,g. . . Q Eachaier's degree (r.g. BA, B, BS) Q Yea, Puerto Ripn Q Yes Cub Q Nettie Hawaiian Q Chlnase Q Guamanian or Cham Q Master's degree (e.g. MA, Q Deetwap (e g PhD EdD) S, MEng, MEd, MSW, MBA) P f , an )~ ~'es, other Spanish/NlaPanle/Letlno orre Q FIIIPinD Q Samoan Q Japanese Q . . , e MD DDS D M L r ro essional degree JD (SWCKY) Other PaeRte Islander OOther (S ealf ) 21. Deeeden[1 Single Rap Self_ ~ ~'R'Q eslgnaHOn -Check ONLY ONE to Indleate what Me deptlent considered himself or heraaN to W. O Jawnase p y 22a. Decedent's Uauri Oeeu atl n I d Q Black or AMpn Amerlpn Q Korean )> Samoan 0 Other Pa lfl I l p - o n icate type of work done durln g roost of working INe. DO NOT USE RETIRED Q American Indian or Alaska O As4n I di aHw Q Vietnamese e e s ander Q Dent Know/NOt Sure . Supervisor n an Q Chinese Q Other Non ~- Q NaHw NRwallen )~ Refused Q O[hrr (SpeeINl 22b. Kind of Business/Industry O Ngprno ~ O Gu.m.nian or Chamorro U Manufacturing P aY PERSON WNO PRONOVNCES C[RTIPILS DEATH R 3a. ate Pronounce Dee aY r March 17, 2012 2S . S gneture Person Prono uncing Dea th ( my w e n app able 23c. Ueanse Num r This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. a z L egistrar Date Issued COMMONWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH ~ VITAL RECORDS CERTIFICATE OF DEATH State Flle Num r 2. Sex 3. Social Security Number 4. Date of Deets (MO/D4Y/Yr) _ Male 208-243562 March 17 20'12 u d a September 21 , '1931 fA"°°u 7b. BlKhpleca (County) Cumberlantl tit (Street and NumWr - Include Apt Np.) 8C. Did Oepdent Liw In r Townfhlp7 129 WBInLIt Bottom Road 1>~Yas, decadent used In _ Shippensburg ~,p :a (ZIP Code) 172$7 QNO, decadent lhred within llrnlts of-. ~_-,~___ Q Yes ]~ NO Q Unkno 12. FatheY's Name (Flrrt, Mlddl 0 DI - cfd--- -- -' "~~"' ~ r M wreDwee 11. Su Hiving SPOUS• s Name (p wife, give nam Nor t0 first me 1 yAr ~ Never Mewled Q Unknown e P m ag Lest, SufRx) ' Msrie Rota 1M. InfDnnanYS Neme 13. Mother s Name Prior To First Me Mrge (Firrt, Middle, Last Edith Byers Roxanne M. Cooper 14b. Relationship to Decedent D 14c. IMOrmant's Mailing Address (SMN and Number, CI , Stall Zlp Code) aughter , 704E Lincoln Way East Feysttevllle PA 17222 If DeaM Occurred In • NosPlbl: ~~ In tl~ nt Pa e ••• •'•a'• ap • ..l~„on-Y-one .........._ .................. . . 1 Death O cu d mewh h ~ • ms n Roem/Ou atl lSb. Facility Neme I n C Inrtl t Deed on Arrhrai ion, ghee street end number) .... c rre So ere Ot er Then a Nos ksl- Psuyr ' -"'---°"----^ I.J NeiPlce faCll ~--~---- -""' ) ~ ~ Oepdmt's Nunin Neme Lon -Term Cara Fadl p Ocher (S a ISe Cit r T c Chambe burg Hospital . y o own, State, and Zip CDtle 1Sd. Geurtty W Death Chambenburg„PA 17201 ~, 16a. Method of Disposl[lon Q Remowl from Stets Burial Cremetlen Q DenrNen Franklin 16b. Date of Dlsposldon 16e. Plrp Dlsposl On (Neme pmate cremato ry th l oM.r s a ) , ry, or e er p ace) March 21, 2012 Norlantl Cemetery 1 . LepHon OlaPOrRien (GI Chambsraburg, PA 1720 or Town, State, an 21P) 17a. Slgnrtu rsl Servlee or Parfpn In Charge of Interment 17b. UpnN Number 17c. Name and Complete Addre of Funeral Frdllry FD-014831-L CAUSE OF DEATH 2B. PRK 1. Enter the respiratory arrest, er ve i( -diseases, Injuries, or compllutiPns--that dlreRly caused Me death. DO NOT enter terminal ewnb such as wrdlac APProxlmate cular flbrlllatlon with h a"Y out s [ InteMl: owing Me etiology, DO NOT ABBREVIATE. Enter enl K y ens cause on • Ilne. Add rdditlonal Ilnes H necess ( O IMMEDIATE CAUSE n disease or eondielon ary nset to Death . vsntrlcular tachycardia resi Itin In d th Due to (er as r eenreq.renee of : minutes ~ ) ea ) R SequentbllY Ilse condttlons ( t,, severe coronary artery tliseage exaprbstion , M anY, leading to Me puss Due to (er ~ Yfara - as • consequence of): - Ilmd on cane .. ErKer Me VNDERLYING CAUSE a acute blood lose anemis i _ (disease or Injury that Duo to o i deye ( r as • consequenp o1): 4 Initiated Me svenb resulting In derth1 LAST. EE d. ' Due to (orb • consequence of): 26. PeK 11. Enter other f but not resulting In Me underlying pose given In Part 1 27 Wa aeverN COPD; recent c OleDygLBCLOmy . s •utvPry performed? an Y ~ ea No ~~~ ttt 2g. Were autePry findings rvallable 29. If Female: to complete the cause of deeih7 Q Not pregnant within part ear 30. Did Tobacco Use Centrlbute to Death? Yes No 31. Manner of Death 6' ' Q Pregrnm K Hme of death O Yes Q Probably ~ NO ~( Natural Q Homltide a [] Not Pregnant, but pregna N t within 42 dap of deatt Q Unknown Q Accldenc Q Pending Invertlptlon ot pregnant, but pregna )7 249 drys to 1 year before deatF 32. Date of Inju (M /D Y Q Sulelde Q Could not be determined Q Unknown I} pregnant wit In the past year ry O ay/ r) (Spell Month) Yea Injury OCCYYred: -- (7 No 0 P 'iver^ praetor (7 Petlestrlan Q g r )~ Other (Spedry) 99r. CeKlfler (Check only one): ~' Certifying phplebn - To the st of my knowledge, death occurred dw to Me cause(s) and manner strted Q Prenrnmeing 6 CeKifying ph slclan - To the best o1 my knowledge, death occurred rt the time, date, rod place, and due to the ewse(s) and manner screed Q Medical Ezrminer/Coroner - n the Earls of exrminatlon, and/or Investiptlon, In my opinion, death oKUrred rt the time, date, rntl place, and due to the cause(s) and manner seated SlgnaNre of eeKlflrr. Tide of pKlfler: M. D. Upnse Number: MD058188L 39b. Name, AdtlMas rntl Zlp Code Person Completing Cruse of DerM (Item 26) Leazlo 1 Madams, M.D. 1.1 N 7th St, ChambersburD, PA 17201 - 99c. Dace signed (MO Day/vr) t Nui 2 20 ,n to ~ DlspoalHOn Permit No. 0739366 N303-143 _ _..- - _. _. _ -- ~ REV 07/2013 wn. I, WAYI~ declare this to be me. ITEM I: I and my funeral from my residuary my estate. ITEM II articles of my LAST WILL AND TESTAMENT ~ ; ~ . ~` r`J of ~ ~ ~ ' ~ ' r "° r a <-: WAYNE A. ROTZ ~- ~„ ~~ G1 ~ ' =-' `- .~ ~ Va ~ © t ~ ,_~~ f`? J ~ C~ ~ - ~ . } _~ ~ A. ROTZ, of the Borough of Shippensburg, Franklin County, ~iei'rPisylvan` r~= ~-; ' c~ o cam' Last Will and Testament and revoke any Will or Codicil previously made by --~ iirect that all my just debts (except as may be barred by a Statute of Limitations) senses (including my gravemarker and expenses of my last illness) shall be paid estate as soon as practicable after my decease as a part of the administration of bequeath those articles of my household furniture and furnishings and those al effects and personal property as set forth in a separate memorandum (which is signed by me, d~ted and makes specific reference to this Will and memorandum, which I shall place with my Will br deposit with my attorney), to the persons therein designated. ITEM III: ~ devise and bequeath all the residue of my estate of every nature and wherever situate to my wife, >~ATRICIA A. ROTZ, providing she shall survive me by thirty (30) days. ITEM IV: Should my wife, PATRICIA A. ROTZ, predecease me or die on or before the thirtieth (30~') day ollowing my death, I devise and bequeath all of the Residue of my estate of every nature and wherever situate, as follows: A. I e-half (1/2) thereof to my daughter, ROXANNE M. COOPER. Should my daughter note be then living, but there be descendants of her who are then living, such descendants shall receive, per stirpes, the share that my daughter would have received. B. One-half (1/2) thereof shall be distributed to my Trustee hereinafter named, to be held, IN T~UST, and be administered and distributed for the following uses and purposes and under the following terms and conditions. 1. During the life of my son, TIMOTHY W. ROTZ, no portion of the of this Trust shall be paid to Tim or expended for his benefit nor distributed for ~ny other purpose whatsoever except as hereinafter expressly provided. 2. No payments of income shall be made from this Trust until the shall have taken into consideration all of my son's (Tim's) available assets and sources of income including entitlement to benefits and services from any local, or federal government or agency (or from any private agency). ', 3. During the life of my son, Tim, no portion of this Trust either print ipal or income, shall be subject to anticipation, pledge, assignment or obligation of ')~im, nor be subject to any reimbursement, execution, attachment, levy or sequ,~stration or other claims of or interference from the creditors of Tim or of his estate or of anyone who may be obligated for his support, including any government or governmental agency or rivate a enc which has ro P g Y p vided benefits or services to Tim. 4. During the life of my son, Tim, subject to the considerations and stated in Sub-Paragraph 2 hereof, my Trustee may expend upon Tim, for his health and ~edical care, support and maintenance in reasonable comfort, so much of the income of the Trust as my Trustee shall determine. My Trustee shall have sole and absol~Zte discretion in determining whether such expenditures for Tim are to be l/V ~/ ~' 2 made. It is my desire that the Trustee provide such resources and experiences as will contribute to and make Tim's life as pleasant, comfortable and happy as is feasible. My Trustee shall consult regularly with my daughter, Roxanne M. COOPER, to ascertain Tim's needs and desires and may follow her recommendations in making payments and expenditures in Tim's behalf. Nothing herein shall preclude the Tru~tee from purchasing those services and items which promote Tim's happiness, wel~faze and development, including, but not limited to, vacation and recreation trips away from places of residence, expenses for traveling companions if requested or nec~ssary, entertainment expenses, supplemental medical and dental expenses, social services expenses, transportation costs, private room, telephone and television serv~ces, a mechanical bed, an electric wheelchair, personal caze services, and the liked Any income of the Trust not so expended shall be paid in convenient insti~llments, not less frequently than quarter-annually, in equal shares unto my hereinafter named remainder beneficiaries as set forth in Sub-Paragraph 8 hereof. 5. During the life of Tim, all payments from this Trust which go to Tim's direct benefit shall be direct payments to the person or entities supplying goods or services to at the request of the Trustee. 6. If my residential real estate is an asset of this Trust, the Trustee may retain it and pay the cost to maintain it for the use of Tim, so long as it maybe practical for him to reside there. If at anytime during the existence of this Trust, Tim is no longer able to reside in that residence, and it appears unlikely that he will be able to return to the residence, then my Trustee, in Trustee's discretion, shall have V ~~ .7 the power to sell such residential real estate and add the proceeds the principal of this Trust. 7. Should the existence of this Trust disqualify Tim, from eligibility for any substantial governmental or private aid or benefits or services, then this Trust mad, in Trustee's discretion, be terminated and the then remaining principal and any accumulated and undistributed income be distributed to my remainder beneficiaries under Sub-Paragraph 8 hereof. It is my intention in creating this Trust to provide for the .comfort and happiness of Tim, without interfering with, reducing or disqualifying him from aid, benefits or services he would otherwise be entitled to and',to maximize the ultimate distributive shares for my remainder beneficiaries. I do hereby specially waive, renounce and disclaim any rights which I, my heirs and assigns, and any other person or entity may otherwise have to seek invasion of the assets of this Trust pursuant to any statute or rule of law of any jurisdiction. 8. Upon the death of Tim, or upon my death if Tim shall predecease me, this Trust shall terminate and all principal and any accumulated and undistributed income shall be distributed, per stirpes, to my then living issue. 9. If any portion of this trust shall become distributable to a w/2. benefiiciary who has not attained the age of twenty-one (21) years, the Trustee may, in Trustee's absolute discretion, either: pay over such Principal and any accrued or undistributed income therefrom at any time to the guardian(s) of the property of such beneficiary; or pay over the same to a custodian for such beneficiary under the Pa. Uniform Transfers for Minors Act, which custodian may be my Executor or Trustee or be selected by my Executor or Trustee; or, retain the same for such beneficiary, 4 IN '..SEPARATE TRUST, until he or she attains the age of twenty-one (21) years. In case of such retention, the Trustee may use or apply so much of the net income and Principal as it deems necessary or advisable from time to time for support, health and;' medical care, and education (including college education, both undergraduate andl graduate) of such beneficiary, or may make payment for these purposes, without further obligation or responsibility to see to the proper expenditure thereof, directly to suuch beneficiary or to such beneficiary's parent or to any person taking care of such beneficiary. Any Principal or income not so applied shall be distributed to such beneficiary absolutely when he or she attains the age of twenty-one (21) years. If he or she dies before attaining age twenty-one (21), such share shall be distributed to his qr her personal representative, discharged of trust. ITEM V: Tf any property passes outright (either under this Will or otherwise) to a minor (which shall be def~ned as anyone under twenty-one (21) years of age) and with respect to which I am authorized to ajppoint a guardian and have not otherwise specifically done so, I decline to appoint a guardian Ibut instead authorize my Executor to distribute such property to a Custodian selected by my Executor (and my Executor may act as such Custodian) as Custodian for the minor under the Pennsylvajnia Uniform Transfers to Minors Act. Provided, however, that this appointment shall not supersede the right of any fiduciary to distribute a share where possible to the minor or to another for the minor's benefit. ITEM VI: All death taxes (and interest and penalties thereon) imposed upon any property passing under my V~'ill but not otherwise, shall be paid out of my residuary estate. I authorize my Executor, in my Executor's sole discretion, to make an election, in whole or in part, to cause a Pennsylvania Inheritance Tax to be payable by my estate on property passing to or for the benefit of ~~ 5 my spouse to defer the Pennsylvania Inheritance Tax on such property. My Executor shall be withc-ut liability to anyone for making or failing to make such election. ITEM VII: I appoint my wife, PATRICIA A. ROTZ, Executrix of this my Last Will. Should she fail to qualify or cease to act as Executrix, I appoint my daughter, ROXANNE M. COOPER, Executrix of this my Last Will. ITEM VIII: I appoint my daughter ROXANNE M. COOPER and ORRSTOWN BANK, Trustees of any trusts created by this my Last Will. ITEM IX: I direct that my Executrix, Trustees, Custodian or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM X: My corporate fiduciary shall be entitled to compensation based upon its regular schedule of fees for such services in effect from time to time during the period over which its services are performed. ITEM XI: My individual fiduciary shall be entitled to reasonable compensation for his or her services rendered from time to time and/or to reimbursement of out of pocket expenses. I understand that the total compensation for my corporate and non-corporate fiduciaries may be greater than what would be payable if multiple fiduciaries were not named. ITEM XII: I specifically give unto my Attorney, HAMILTON C. DAVIS, ESQUIRE, or should he be unable or unwilling to act, JOEL R. ZULLINGER, ESQUIRE, as the case may be, in his sole discretion, the right and authority to revoke the appointment of any corporate fiduciary designated in my Will or in any Codicil thereto, provided that he simultaneously appoint a substitute corporate fiduciary. ITEM XIII: Any fiduciary under this Will shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property whether K/ ~. 6 principal or income, including property held for minors, exercisable without Court approval, and effective until actual distribution of all property: A. General Management and Investment Powers. The Executor and Trustee shall have full power and authority to manage and control the estate and trust estate, to borrow money from any source (including the power to borrow from a Trustee or any affiliate of a Trustee) and to sell, exchange, lease, grant options, rent, mortgage, pledge, assign, transfer or otherwise dispose of or encumber (including sales to a Trustee) all or any part of the trust estate (for terms extending beyond the termination of the estate or trust estate or otherwise), upon such terms and conditions as the Executor or Trustee may see fit. The Executor or Trustee may invest and reinvest all or any part of the trust estate in such stocks, common and preferred (including the corporate stock of any corporate Trustee, or any of its affiliates), glebentures, shares or participations in any common or mutual fund, interests in any general, limited, or limited liability partnership or in any limited liability company, bonds, notes, repurchase agreements and deposit accounts of any kind from or in any bank (including any corporate Trustee, or any of its affiliates), savings and loan association or other financial institution or brokerage firm, stock options and warrants, securities or other property, real or personal, within or without the State of Pennsylvania, domestic or foreign, whether or not of the class or kind now or hereafter ordinarily approved or held to be lawful for the investment of estate or trust funds, as the Executor or Trustee may, in the Executor's or Trustee's discretion, select. The Trustee may make and change such investments from time to time according to the Trustee's discretion, and the Trustee may continue to hold any stocks, securities or other property received by the Trustee hereunder without any duty of diversification. The Executor or Trustee may determine whether any money or other 7 property coming into the Executor's or Trustee's hands, concerning which there may be reasonable doubt, shall be considered as a part of the principal or income of the trust estate, and may apportion between such principal and income any loss or expenditure in connection with the trust estate as to the Trustee may seem equitable, taking account of all present and future interests in the trust estate. The Trustee shall not be obligated to amortize premiums for trust securities out o£ income nor make additions to income because of the purchase of securities at a discount. The Trustee may exercise all options and all conversion, subscription, voting and other rights of whatsoever nature held by or pertaining to any property, including securities of the corporate Trustee or any affiliate thereof, held by the trust estate. Any corporate Trustee shall not disclose the name, address, or share position of the beneficial owner(s) of registered securities held by the corporate Trustee or its nominees unless the beneficial owner(s) request otherwise in writing. It is the intention of the Testator that the Trustee shall have the authority to invest in such ways as shall give due consideration for the theories of total return investing, modem portfolio theory, and the theory of risk and return. Accordingly, the Trustee is authorized to invest in any type of investment which plays an appropriate role in achieving the investment goals of the Trust, which investment shall be considered as part of the total portfolio. It is my specific direction that no category or type of investment shall be prohibited. I specifically do not wish to limit the universe of Trust investments in any way other than is dictated by the Trustee's exercise of reasonable care, skill, and caution. In connection with the Trustee's investment and management decisions with respect to this Trust, the Trustee is specifically entitled to take in account general economic conditions, the possible effect of inflation or deflation, the expected tax consequences of investment decisions or strategies, the role which each (/V ~ i 8 investment or course of action may play within the overall trust portfolio which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real properly; the expected total return from income and the appreciation of capital; other resources of the beneficiaries; the needs for liquidity; regularity of income and preservation or appreciation of capital; and the asset's special relationship or special value, if any, to the purposes .of the Trust or to one or more of the beneficiaries. Nor shall my Trustee be limited to any one investment strategy or theory, including modern portfolio theory, the efficient markets theory or otherwise, but shall be free to consider any appropriate investment strategy or theory under all the circumstances. The Trustee may delegate investment and management functions which a prudent person of comparable skills would properly delegate under the circumstances. Should the Trustee delegate such function, the Trustee shall exercise reasonable care, skill and caution in selecting an agent, establishing the scope and terms of the delegation consistent with the purposes and terms of the Trust, and periodically reviewing the agent's actions in order to monitor performance and compliance with the terms of the delegation. Should such delegation occur as set forth above, the Trustee who complies with the requirements for delegation shall not be liable to the beneficiaries or to the Trusts for the decisions and actions of the agent to which the function was delegated, but by accepting the delegation of a Trust function by the Trustee of this Trust, the agent submits to the jurisdiction of the courts of this state. B. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. C. To compromise any claim or controversy. D. To distribute in cash or in kind or partly in each. 9 E. To hold property in their names without designation of any fiduciary capacity or in the name of a nominee or unregistered. F. If there is no corporate fiduciary acting hereunder, my fiduciary may designate a corporation (regardless of where organized or headquartered) with fiduciary powers to act as agent or custodian hereunder, may delegate to it such duties as may be appropriate (including investment recommendation duties), may pay to it reasonable compensation for its services, and may discharge it with or without cause. G. To treat the entire trust estate as a common fund for the purpose of investment, notwithstanding any provision herein for division thereof into shares or separate trusts. H. .Should the principal of any trust herein provided for be or become so small that, in the Trustee's discretion, establishment or continuance of trust is inadvisable, my Trustee or my personal representative may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons then entitled to income and in the proportions they are then entitled to such income. If any such person is then a minor, distribution may be made to that person's guardian, or to a person selected by the trustee to be custodian for such person until the age of twenty-one (21) years under the Pennsylvania Uniform Transfers to Minors Act. I. To continue the operation of any business in which I may be interested or engaged at the time of my death (regardless of the form or organization of any such business), which business or an interest in which shall be received by my fiduciary. This authorization shall include the right to change the form of any such business by the reorganization or incorporation thereof, or the formation of a general or limited partnership with respect'thereto, and shall also include the right to invest in any such business including ~~~ ~ i o the right to invest in any business the property of any trust hereunder for such periods of time and upon such terms and conditions as my fiduciary shall deem advisable. No fiduciary shall be liable for any loss resulting from continuing any such business, but my fiduciary may, in my fiduciary's discretion, sell, liquidate or otherwise discontinue any such business at such time or upon such terms and conditions as my fiduciary shall deem advisable. K. If there are co-fiduciaries serving hereunder, they may delegate any and all management duties and responsibilities to one of them. My co-fiduciaries may, for example, designate one of them to maintain a bank account or accounts, and in that instance the signature of only that fiduciary shall be required to open and maintain such account, to deposit funds to such account and to write checks on such account. Other than as specified herein, the authority of my co-fiduciaries shall be exercisable jointly. ITEM XIV: The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. ITEM XV: In the event that at the time for distribution hereunder, either from my estate or from any trust created by this Will, there shall not be any person then living who is a linial descendant (issue) of myself (or my spouse or my children) then and in such event, the amount distributable shall be distributed as follows: A. One-third (1/3) thereof to the CUMBERLAND VALLEY ANIMAL SHELTER, for its general purposes. B. One-third (1/3) thereof to the DEPARTMENT OF CHILDREN AND YOUTH SERVICES OF FRANKLIN COUNTY, PENNSYLVANIA, for the benefit of abused children. ~i~~ 11 C. One-third (1/3) thereof to MESSIAH UNITED METHODIST CHURCH, 30 South Penn Street, Shippensburg, PA 17257, for its general purposes. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and Testament, written on thirteen (13) sheets of paper, dated this ~_ day of c.-~-- 2006. `~ _ ~ (SEAL) WAYNE A. ROTZ The preceding instrument, consisting of this and twelve (12) other typewritten pages, each identified by the signature or initials of the Testator, was on the day and date thereof signed, published and declared by the Testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in the presence of each other have subscribed our names as residing at residing at ~ /,~Tr" 12 _witnPeePC l,p.-Atn COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss. I, WAYNE A. ROTZ, 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. ~~ ) WAYNE A. ROTZ Swom to or affirmed and acknowledged before me by WAYNE A. ROTZ, the Testator, this , - - day of 2006. ~ ~~ No ' Pub is COMMONWEALTH OF PENNSYLVANIA: . ss. COUNTY OF CUMBERLAND COMMONWEALTH OF PE YLVANIA Teresa J. BurkholderS Notary Public Shippensbur~ Boro, Cumberland County My Commission Expires Aug. 6, 2008 Member, Pennsylvania As~ocfation of Notaries We' - /i~lL/p (1 rl_~fYL~ ~ the witnesses w ose nan2es are signed to the attached instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Last Will as a witness; and that to the best of our knowledge the Testator was atthe time eighteen (18) or more years of age and of sound mind and under no constraint or undue influLnce. ~J Swom to or ed and subscribed to before me by , N~ cam,/ ,E/ d «~~+ L - ~~~, witnesses, this `° day of 2000. Notarial Seal Teresa J. Burkhc,'der. Notary Public Shi pensbur~ Boro, i:..imi,erland County My Cotnmtsston Ex~ia•es Aug. b, 2008 Pennsylvenlb At>aclatlon of Not.rlaA 13