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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
COLJNT~', 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: Carl L. Westhafer Sr. 1
a/k/a: File No: ~' I ~ - (~ t,,~
a/k/a: (Assigned by Register)
a/k/a:
Date of Death: February 8, 2012 Social Security No:
Age at death: 85
Decedent was domiciled at death in Cumberland
principal residence at 6604 Carlisle Pike Mechanicsbur PA 17050 Sil etr S Prinn Tovwnshi Cumberland Counwith his/her last
Street address, Post Office and Zip Code
City, Township or Borough County
Decedent died at Carlisle Reeional Medical Center 361 Alexander Shrine Road Carltsle PA ].7015, Cumberland County PA
Street address, Post Office and lap Code
City, Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania ...................... All personal property
If not domiciled in Pennsylvania ........................ Personal roe $ 1,500.00
If not domiciled in Pennsylvania ........................ Personal propel m Pennsylvania $
Value of real estate in Pennsylvania ......................... . . . . .1? . F ~' in County $
TOTAL ESTIMATED VALUE... , $ sa ann nn
Real estate in Pennsylvania situated at: 60% interest in 6604 Carlisle Pike Mechanicsbur PA 1705() Silver Spring Town h0in 00
(Attach additional sheets, ifnecessary.) Street address, Post Office and Zip Code
City, Township or Borough County
A. Petition for Probate and Grant of Letters Testamentar
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated July 10, 2006
thereto dated _ and Codicil(s)
State relevant circumstances (eg. renunciation, death of executor, etc.,]
Except as follows: after the 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. § 3~123(g), 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 ~ EXCEPTIONS
B. Petition for Grant of Letters of Administration (If applicable)
c. t. a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate
If Administration, c.t.a, or db.n.c.t.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 estab3.i~ed as defi~
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ~ EXCEPTIONS C'7 r `' ~ ~~
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the followin ~ ~~e ~ ~~ _,L
additional sheets, if necessary): g ~ ~ ~ ny) a4dheirs (ittaC(rT;
'~r~~ Q~
3> , ~ ,,-i
Name Relationshi ~~ ~.-~ ~-~ .~..
Address _:.~ .. =- `"'3
,4~ ~ ~ r`~
FormRW-02 rev. l0/11/101/
Page 1 of 2
Oath of Personal Representative
~r-,._. _ .. c
^'~+ 1
:,;;, ~.~
~ _ ~ `J
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s) Printed Name Petitioner(s) Print s~.+
William Brad Westhafer 6604 Carlisle Pike Machanicsbur PA r v ~, ~{~
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 Decedent, the Petitioner(s) will well and truly administer the estate according to law.
Sworn t or affirmed and subscribed before Lfir._5 ~~ Date ~/- /~ a2 ~ / ~
me this day or', 1 ~~}- Date
By' Date
For he Register ~ Date
BOND Required: ~ YES ~ NO To the Register of Wi![s:
FEES: Please enter my appearance by my signature below:
Letters ................... ... $
('~ )Short Certificate(s)... .. .
( )Renunciation(s)...... .. .
( )Codicil(s) .......... .. .
( )Affidavit(s)......... .. .
Bond ..................... ...
Commission ............... .. .
Other °' ~ ~"
Automation Fee ............
JCS Fee .................. ...
... '
TOTAL .................. ... $ 0
1 qU ~ zT"
.~
DECREE OF THE REGISTER
~,
Estate of Carl L. Westhafer. Sr. File No: ~(' `- ~ ~ ~ ~-~'
a/k/a:
AND NOW,
satisfactory proo
the instrument(s) dated
described in the Petition be
I ~ ,~U i ~ , in co sideration of the foregoing Petition,
been presented before me, IT IS DECREED that Letters
are hereby granted to ' J'~ ~ ~ ,~ ~
in the abo~~e estate and (if applicable) that
_. ~
to probate and filed of record as the
Will (and Codi~~(s)) o~'Decedent.
Form RW-02 rev. 10/11/1011 e 2 of 2
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with
the Vital Statistics Law of 1953, as amended.
WARNING: It is ilia #R :crlcax~ ~ r 's copy by photostat or photograph.
t~,'s _ . _ I .. _ ~~
``~l! 2 APR (6 ~ , ,,, , "W~a,,,~,r,~, o'~~~-IrvL
~`"o~E~~ H pEN-.
yJ~ _= Marina O'Reilly Matthew
~^ ~~rr ~,~~:: a; State Registrar
6649683
T
S_
~_
No.
Type/Print In
Permanent
Black Ink
Ct1M~ERi
MAR 0 5 2012
Date
COMMONWEALTH OF PENNSYLVANIA ~ DEPARTMENT OF HEALTH ~ VITAL RECORDS
CERTIFICATE OF DEATH
1. Decedent's Legal Name (First, Iddle, Last, SufFlx) 2. Sez 3. Social Security Number 4. Date of Death (MO/Day/Yr) (Spell Mo)
Carl Lester WestYla£er Sr_ 1
Sa. Age-Last Birthday (Yrs) Sb. Under 1 Vear Se. Vntler 1 Da 6. Date of Birth (MO/Day/Vear) (Spell Month) 7a. Birthplace (City and State or Foreign Country)
Months Days Hours Minutes November 23 '1926 Mar sville PA
85 ~ 7b. Birthplace (County) P
Sa. Residentt (State or Foreign Country) 8b. Residence (Street and Number -Include Apt No.) 8c. Dld Decedent Live In a'rownship]
ad. Realden~. cnenty) 6604 Carlisle Pike R9Ye:• d«edent urea In _ Silver Spri ng twp.
Cumberland 8¢. Residence (Zip Code) QNO, decedent lived within IIm Its of ___ _ city/bnro.
9. Ever in US Armed Forces? 30. Marital Status at Tlme of Death Married Widowed 11. Surviving Spouse's Name (If wife, glue name prior to first marriage)
Yes Q No Q Unknown Q Divorced Q Never Married Q Unknown
12. Father's Nsme (First, Middle, Lss[, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, Last)
Wilbur WestYla€er Helen Kin
14e. Informant's Name 14b. R¢latlonship to Decedent 14c. Informant's Mailing Address (Street and Number, Clty. State, Zip Code?
g Brad Westha£ ~
_ one
°-°- --°- - -• . .. .............................. ... . .°-- -°--........................,........ ~ ~, _ ace p eat _
If D
th O
r
d I
M
it
l
1lSf I
i
~~-~~~ ~~~~-~~~~~~-~~~ ~~ ~~~~~~~~~ """ "-' """"""""' "-'" '"'"'"' ""-"' ""-
~~ ~ ~~~ ~~~ ~~~ ~~~~~~~~ wv """
l
~~
$ ea
ccur
e
n a
a
:
osP
n Pat
ent plf Death Occ omewh
era Other Than a Hos ita
:
p 1~ Hospice Facility
y Decedent's Home
Eme ency Room/Outpatient Deed on Arrival Nursin Home/LOn -Term Care Facility (Xher (Specify)
lSb. Faci1M Name (If not InstitutlOn, glue street and number; lSc. City or Town, State, and Zip Code lSd. County of Death
Carlisle io 1 Medical Center .Carlisle PA
16a. Method of Disposition Burial Q Cremation 16b. Date of Dlsposltion 16c. Place of Disposition (Narne of cemetery, crematory, or other place)
Q Removal from State Q ponatlon
o[nerispeafy) eb. 15, 20'12 =ne.iantowrl ~~ap National Cgileter
2
16d. location of Dlsposltion (City or Town, State, and Zlp) n
1]a. Signature I Service Licena Per n in Charge of Interment
1]b. License Number
~ Annville, PA ~_ Fp-'138630
1]c. Name and Complete Address of Funeral Facility
~ Mal zzi Funeral Home k
18. Decedents Education -Check She box that best describes the 19. Decedent of Hispanic Origin -Check the 20. Dace ant's Race -Check ONE OR MORE races to Indicate what
~ highest degree or level of school completed at the time of death. box that bast describes whether [he decadent the decedent considered himself or herself to be.
~Q Bth grade Or I¢ss Is Spanish/Hlspanlc/Latino. Check the "NO" ffi White Q Korean
Q No diploma, 9th - 12th grade box If decedent Is not Spanish/Hlspanlc/Latino. Q Black or Afncan American Q Vietnamese
Q High school graduate or GED completed ®No, not Spanish/Hlspanic/I.atino Q American Indian or Alaska Native Q Other Asian
Q Some college credit, but no degree Q Ves, Mexican, Mexican American, Chicano Q Asian Intlian Q Native Hawehan
Q Associate degree (e.g. AA, A$) Q Ves, Puerto Rican Q Chinese Q Guamanian or Chamorro
Q Bachelor's degree (e.g. BA, AB, BS) Q Yes, Cuban Q Filipino Q Samoan
Q Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA) Q Yes, other Spanish/Hispanic/Latino Q Japanese Q Other Pacific Islander
Q Doctorate (e.g. PhD, Ed D) or Professional tlegree (Specify) Q Other (Specify)
. MD, DDS DVM LLB JD
21. Decedent's Single Race Self-DeslgnaHOn -Cheek ONLY ONE to Indicate what the decedent considered himself or herself to be. 22a. Decedents Usual Occupation - Indicate type of work
® White Q Japanese Q Samoan done during most of working Ilfe. 00 NOT USE RETIRED.
Q Black or African American Q Korean Q Other Pacific Islander M
£
t
anu
ae
urer
Q American Indian or Alaska Native Q Vetnsmese Q Don't Know/NOT Sure
Q Asian Indian Q Other Asian Q Refused 22b. Kind of Business/Industry
Q Chinese Q Native Hawaiian Q Other (Spec) Carl Manufaet
fY)
i
ur
n
Q Filipino Q Guamanian or Chamorro
g
ITEMS 23a - 23 MUST BE COMPLETED 23a. Date Pronounce ea Mo Day 23 . Signature o Person Pronouncing Deat Only when app (cable 23c. Ucense Num e
r
BY PERSON WNO PRONOUNCES OR
C[RTIFI[S OEATN FebT-t ary 8, 2012
23d. Date Slg d (MO/Day/Vr) 24. Time of :oath
ZD Q 0 25. Was Medical Examiner or Coroner Contacted? Q Yes Q No
•
CAUSE .OF DEATH -
Approximate
26. Part 1. Enter the chain of events--tliseases, Injuries, or complications--Shat directly caused the death. DO NOT enter terminal events such as cardiac arrest
Interval:
.
respiratory arrest, or v¢ntricular flbrlllat
ion
without sho
wing [he
etiology. DO NOT ABBREVI
A
TE
.
Ent
e
r o
nly one wus¢ o
n
a
line. Atltl atlditional Ilnes If necessary Onset to Death
/
~
/
~
T
,
/~
~
~
Q
^
~
s
~
IMMEDIATE CAUSE -------------> a. /~-YOGA-R ~///jf-` ~~% IT'/t` % ~ QiV
(Final disease or condition Due to (or as a <onsequence of):
resulting In death)
b.
Sequentially Ilst conditions, Due [o (o as a consequence nf):
if any, leading to the cause
listed on Ilne a. Enter the
W UNDERLYING CAUSE Due to (or as a Consequence of):
(dlaease or Inlury that
Inlfiafed the events resulting d.
~ in death) LAST. Due to (or as • consequence of):
eg 26. Part II. Enter other sl niTi ndition o d a but not resulting In the underlying cause given In Part I 2]. Was autopsy p rformadi
s Q yes
28. Ware autoPSY findings available
to complete the o se of death?
Yes o
29
If Female:
.
30. Dld Tobacco Use ContHbute to Oeath7 3 M ner f Death
Q No[ pregnant within past year Q Yes Q Probably ~Ne[urcl
H
i
id
~' Q
om
c
e
Q Pregnant a[ time of death No ~Vnknown
Q Q Accident Q Pending Inyestlgatlon
Not
re
n
T
b
t
Q
p
g
an
,
u
pregnant within 42 tlsys of tleath
Q Suicide 0 Could not be determined
~ Not pregnant, but pregnant 43 tlays to 1 year before death 32. Date of Injury (MO Day/V r) (Spell Month)
Q Unknown if pregnant within the past year
33. Time of Injury
30.-Place-oE.la)uq (a.g buma~constructlnn site.; farm; schogl) 35. Locatlnn of In u
J ry (Street and Number, City, State, Zip Cnde)
36. Inlury at Work 37. If Transportation I Jury, Specify: 36. Describe Mow Injury Occurred:
~ Ves Q Driver/Operator Pede trlsn
Q No Q Passenger Other (Specify)
39a. Certifier (Check only one):
Q Certifying physician - To the bas[ of my k Owletlg sth o currcd due to the cause(s) and manner statetl
~~.~t`L ncing Sa Certifying physics o t e bas y knowledge, death occurred st the time
date
and
lace
and due t
th
,
,
p
,
o
e cause(s) sntl manner sfat¢tl
LJ'Madical Examiner/COronar - e bast of a nett and/or invastlgation, in my opinion, death
o
cc
urred at the time, tlate, sntl place, sntl due t0 the o se(s) antl manner stated
~.
s
~
Signature of certifier: Tttle of certifier: / va -~ _ License Number:~ID~Y3 G d U
39b. Name, Atldress end Zlp Code of Person Completing Cause of Death (Ite 26)
0.6.41Y IC'ajf t.~Kh/4A/ICa/YE' f!A ~ J~L~~iFNOEJC .~,IV,QiNG ~~ SftJtIVJC~ /¢ / 39c. Date Signed (MO/Oay/Vr)
_ , 2U/
40. Registrar s D~nct Num Cr' ~
.
]
'
11 41. gnaturc 42.
q¢~trar ;IIe
DSte
~y r
( i
z
{
' O
O
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~ j 1
43. Amendments
072935 HSOS-143
Disposition Perm(t No. REV D]/2011
Last Wili and Testament
of
Carl L. Westhafer, Sr.
I, Carl L. Westhafer, Sr., a resident of Mechanicsburg, Cumberland County,
Pennsylvania,. revoke any prior wills and codicils made by me and declare this to be my
Last Will and Testament.
Article One
Family Information
a
~~ ~
c.~ rt
_?~~' T,
I have four children. Their names and dates of birth are (~''' ~'' `- _~ ~'
: Z>~ ~ ~.~ f~-.Y = V......
Carl L. Westhafer, Jr., born on September 5, 1950 ~ ~' ` ` ,
William Brad Westhafer, born on December 25, 1951 -~ ~
~ ~ '
obin S. Piacine, born on March 16, 1956 ~,,
r-. . ~
~~,
Annette G. Gilbert, born on November 11, 1961
All references to my children in my will are to these children.
References to my descendants are to my children and their descendants.
Article Two
Specific and General Gifts
Section 2.01 Specific Distribution to William Brad Westhafer
As soon as practicable after my death, I give a life estate in the real property located at
6604 Carlisle Pike, Village of Hogestown, Silver Spring Township, Cumberland County,
to my son, William Brad Westhafer, for as long as he lives or desires to use the property
as his home. During the term of the aforesaid life estate, William Brad Westhafer shall
be solely responsible for payment of all real estate taxes, utilities, sewer or water rents
and similar charges on the property and shall at all times maintain adequate hazard
Page 1
insurance on the property. William Brad Westhafer shall also maintain said property in a
reasonable good state of repair at his own expense. William Brad Westhafer may lease
and collect rent on the second dwelling unit located on the property, so long as he resides
in the other dwelling unit.
If William Brad Westhafer should predecease me, I give a life estate in the property
subject to this distribution to his wife, Shirley M. Westhafer, under the same conditions
as set forth above.
If William Brad Westhafer and Shirley M. Westhafer should predecease me, or if they
choose to no longer use the property subject to this distribution as their home, I direct my
Executor to sell said real estate and personal property and distribute the net proceeds to
my then living descendants, per stirpes.
Property passing under this Section shall pass free of any administrative expenses or
death taxes.
Section 2.02 Disposition of Tangible Personal Property
I give all my remaining tangible personal property, together with any insurance policies
covering such property and claims under such policies in accordance with a
"Memorandum for Distribution of Personal Property" or other similar writing directing
the disposition of such property, which shall be dated and signed by me.
Should I leave multiple written memoranda that conflict as to the disposition of any item
of tangible personal property, the memorandum with the most recent: date shall control as
to those items that are in conflict.
If the memorandum with the most recent date conflicts with a provision of this Will as to
the specific distribution of any item of tangible personal property, the provisions of this
Will shall control as to those items that are in conflict.
I intend that the writing qualify to distribute my tangible personal property under
applicable state law.
Section 2.03 Contingent Distribution of Tangible Persona! Property
I give any remaining tangible personal property not disposed of by a written
memorandum to my children but not to their descendants, in shares of substantially equal
value, to be divided among my children, as they shall agree. In case my children do not
agree upon the division of the property within a reasonable time not to exceed 6 months
after my death, my Executor shall make the division. My Executor may select an
individual to represent any child my Executor believes is incapable of acting in his or her
own best interest.
My Executor, whose decision shall be final and binding, may use a lottery or rotation
system to determine the order of selection and distribution of any such property, or may
Page 2
otherwise allocate and distribute the same. As an alternative, my Executor may sell any
of the property and distribute the net proceeds equally among my living children. My
Executor shall incur no liability to any party for any decision made by my Executor with
respect to either the division or sale of my tangible personal property, and any decision
made by my Executor shall be final and binding on all of my beneEciaries.
Section 2.04 Definition of Tangible Personal Property
For purposes of this Article, my tangible personal property shall include but not be
limited to my household furnishings, appliances and fixtures, works of art, motor
vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting
goods, and hobby paraphernalia.
Section 2.05 Encumbrances and Incidental Expenses of Tangible
Personal Property
My Executor shall distribute property under this Article subject to liens, security interests
or other encumbrances on the property.
My Executor shall pay, as an administration expense, the reasonable expenses of storing,
packing, insuring, transporting and otherwise caring for my tangible personal property
until actual delivery of each article of property to the appropriate beneficiary.
Article Three
My Residuary Estate
Section 3.01 Definition of My Residuary Estate
All the remainder of my estate, including property referred to above ghat is not effectively
disposed of, shall be referred to in my will as my "residuary estate."
Section 3.02 Disposition of My Residuary Estate
I give my residuary estate in equal shares to my children, Carl L. Westhafer, Jr., William
Brad Westhafer, Robin S. Piacine, and Annette G. Gilbert, or to their then living
descendants, per stirpes. If any of my children have no living descendants, their share
shall pass to my surviving children, pro rata.
Page 3
Article Four
Remote Contingent Distribution
If, at any time, there is no person or entity qualified to receive final distribution of my
estate or any part of it, then the portion of my estate with respect to which the failure of
qualified recipients has occurred shall be distributed to those persons who would inherit it
had I then died intestate owning the property, as determined and in the proportions
provided by the laws of Pennsylvania then in effect.
Article Five
Designation of Executor
Section 5.01 Executor
I name William Brad Westhafer as my Executor. If William Brad Westhafer fails or
ceases to act as my Executor, I name Robin S. Piacine as my Executor.
Article Six
General Administrative Provisions
The provisions of this Article apply to my probate estate.
Section 6.01 No Bond
No Fiduciary shall be required to furnish any bond for the faithful performance of the
Fiduciary's duties. If a bond is required by any law or rule of court, no surety shall be
required on such bond.
Section 6.02 Fiduciary Compensation
An individual serving as my Fiduciary shall be entitled to fair and reasonable
compensation for the services rendered as a fiduciary. A corporate fiduciary shall be
compensated by agreement with an individual Fiduciary or, in the absence of an
individual Fiduciary or in the absence of an agreement, in accordance with the corporate
fiduciary's published schedule of fees in effect at the time the services are rendered.
Page 4
In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable
costs and expenses incurred in carrying out its duties under my will.
Section 6.03 Determination of Principal and Income
The Pennsylvania Uniform Principal and Income Act shall govern beneficiaries' rights
among themselves in matters concerning principal and income. If the Pennsylvania
Uniform Principal and Income Act contains no provision concerning a particular item,
my Fiduciary shall determine in a fair, equitable and practical manner what shall be
credited, charged, and apportioned between principal and income.
Section 6.04 Distributions to Incapacitated Persons and Persons Under
Twenty-One Years of Age
If my Executor is directed to distribute any share of my probate estate to any beneficiary
who is under the age of 21 years, my Executor may distribute that beneficiary's share,
without further responsibility, to the individual having personal custody of that
beneficiary (whether or not court-appointed) under the Pennsylvania Uniform Transfers
to Minors Act, and the receipt of the distribute shall discharge my Executor.
If my Executor is directed to distribute any share of my probate estate to any beneficiary
who is, in the opinion of my Executor, under any form of incapacity that renders such
beneficiary unable to administer distributions properly when the distribution is to be
made, my Executor may, as Trustee, in my Executor's discretion, continue to hold such
beneficiary's share as a separate trust until the beneficiary reaches the age of 21 or
overcomes the incapacity. My Executor shall then distribute such beneficiary's trust to
him or her.
While any trust is being held under this Section, the Trustee shall pay to the beneficiary
for whom the trust is held such amounts of the net income and principal as the fiduciary
determines to be necessary or advisable for the beneficiary's health, education,
maintenance and support.
Upon the death of the beneficiary before that time, the Trustee shall distribute the trust,
including any accrued and undistributed income, to the beneficiary's then living
descendants, per stirpes, or, if none, to my then living descendants, per stirpes. If I have
no then living descendants the property shall be distributed under. the provisions of
Article Four entitled "Remote Contingent Distribution."
Section 6.05 Maximum Term for Trusts
Notwithstanding any other provision of my will to the contrary, unless terminated earlier
under other provisions of my will, each trust created under my will shall terminate 21
years after the last to die of the descendants of my maternal and paternal grandparents
who are living at the time of my death.
Page 5
At that time, the remaining trust property shall vest in and be distributed to the persons
entitled to receive mandatory distributions of net income of the trust and in the same
proportions. If no beneficiary is entitled to mandatory distributions of net income, the
remaining trust property shall vest in and be distributed to the beneficiaries entitled to
receive discretionary distributions of net income of the trust, in equal shares per stirpes.
Section 6.06 Representative of a Beneficiary
The guardian of the person of a beneficiary may act for such beneficiary for all purposes
under my will' or may receive information on behalf of such beneficiary.
Section 6.07 Ancillary Administration
In the event ancillary administration shall be required or desired and my domiciliary
Executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor
shall have the power to designate, compensate, and remove the ancillary fiduciary. The
ancillary fiduciary may be either a natural person or a corporation. My domiciliary
Executor may delegate to such ancillary fiduciary such owers
Executor as my Executor may deem proper, including thee nght t nerve without bond or
surety on bond. The net proceeds of the ancillary estate shall be paid over to the
domiciliary Executor.
Section 6.08 Delegation of Authority; Power of Attorney
Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right
to exercise any.power, including a discretionary power, granted the Fiduciary in my will.
During the time a delegation under this Section is in effect, the Fiduciary to whom the
delegation was made may exercise the power to the same extent as if the delegating
Fiduciary had personally joined in the exercise of the power. The delegating Fiduciary
may revoke the delegation at any time by giving written notice to the Fiduciary to whom
the power was delegated.
The Fiduciary may execute and deliver a revocable or irrevocable power of attorney
appointing any individual or corporation to transact any and all business on behalf of the
trust. The power of attorney may grant to the attorney-in-fact all of the rights, powers,
and discretion that the Fiduciary could have exercised.
Section 6.09 Merger of Corporate Fiduciary
If any corporate fiduciary acting as my Fiduciary under my will is merged with or
transfers substantially all of its trust assets to another corporation. or if a corporate
fiduciary changes its name, the successor shall automatically succeed to the position of
my Fiduciary as if originally named my Fiduciary. No document of acceptance of the
position of my Fiduciary shall be required.
Page 6
Article Seven
Powers of My Fiduciaries
Section 7.01 Grant of Powers
My Fiduciaries may perform every act reasonably necessary to administer my estate and
any trust established under my will. Specifically, my Fiduciaries may exercise the
following powers:
They may hold, retain, invest, reinvest and manage real or personal
property, including interests in any form of business entity including but
not limmited to, limited partnerships and limited liability companies, and
policies of life, health and disability insurance, without diversification as
to kind, amount or risk of non-productivity and without limitation by
statute ~or rule of law.
They may partition, sell, exchange, grant, convey, deliver, assign, transfer,
lease, option, mortgage, pledge, abandon, borrow, loan, contract, distribute
in cash or kind or partly in each at fair market value on the date of
distribution, without requiring pro rata distribution of specific assets and
without requiring pro rata allocation of the tax bases of such assets.
They may hold in nominee form, continue businesses, carry out
agreements, and deal with themselves, other Fiduciaries and business
organizations in which my fiduciaries may have an interest.
They may establish reserves, release powers, and abandon, settle or
contest claims.
They may employ attorneys, accountants, custodians of the trust assets,
and other agents or assistants as deemed advisable to act with or without
discretionary powers and compensate them and pay their expenses from
income or principal or both.
Section 7.02 Fiduciaries' Powers Act
In addition to all of the above powers, my fiduciaries may, without prior authority from
any court, exercise all powers conferred by my will or by common law or by any
fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other
jurisdiction whose law applies to my will. My Executor shall have absolute discretion in
exercising these powers. Except as specifically limited by my will, these powers shall
extend to all property held by my fiduciaries until the actual distribution of the property.
Page 7
Section 7.03 Alternative Distribution Methods
My Fiduciary may make any payment provided for under my will as follows:
Directly to the beneficiary;
In any form allowed by applicable state law for gifts or transfers to minors
or persons under a disability;
To the beneficiary's guardian, conservator, agent under a durable power of
attorney or caregiver for the benefit of the beneficiary; or
By direct payment of the beneficiary's expenses, made in a manner
consistent with the proper exercise of the fiduciary's duties hereunder. A
receipt by the recipient for any such distribution shall fully discharge my
Fiduciary.
Article Eight
Provisions for Payment of Debts, Expenses and Taxes
Section 8.01 Payment of Debts and Expenses
I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as
practicable after my death.
Section 8.02 No Apportionment
Except as otherwise provided in this Article or elsewhere in my will, my Executor shall
provide for payment of all estate, inheritance and succession taxes payable by reason of
my death ("death taxes") from my residuary estate as an administrative expense without
apportionment and shall not seek contribution toward or recovery of any death tax
payments from any individual.
Section 8.03 Property Passing Outside of My Will
Death taxes imposed with respect to property included in m
computing the tax and passing other than by my will sha 1 be apport oned among the
persons and entities benefited in the proportion that the taxable value of the property or
interest bears to the total taxable value of the property and interests received by all
persons benefited. The values as finally determined in the respective tax proceedings
shall be the values used for the apportionment of the respective taxes.
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Section 8.04 Tax Elections
In exercising any permitted elections regarding taxes, my fiduciaries may make such
decisions as they deem to be appropriate in all the circumstances and my fiduciaries shall
be under no duty to make any compensatory adjustment as a consequence of any such
election. My Executor may also pay such taxes or interest and deal with any tax refunds,
interest, or credits as it shall deem necessary or advisable in the interest of my estate.
Article Nine
Definitions and General Provisions
Section 9.01 Definitions
For purposes bf my will and for the purposes of any trust established under my will, the
following definitions shall apply:
(a) Adopted and Afterborn Persons
A legally adopted person in any generation and his or her descendants,
including adopted descendants, shall have the same rights and shall be
treated in the same manner under my will as natural children of the
adopting parent, provided such person is legally adopted prior to attaining
the age of 18 years. A person shall be deemed to be legally adopted if the
adoption was legal in the jurisdiction in which it occurred at the time that
it occurred.
(b) Descendants
The term "descendants" shall include a person's lineal descendants of all
generations.
(c) Fiduciary
My "Fiduciary" or "Fiduciaries" shall refer to my Executor. My
"Executor" shall include any executor, ancillary executor, administrator,
or ancillary administrator, whether local or foreign and whether of all or
part of my estate, multiple Executors, and their successors.
(d) Liegal Representative
As used in my will, the term "legal representative" means a person's
guardian, conservator, personal representative, executor, administrator,
Trustee, or any other person or entity personally representing a person or
the person's estate.
Page 9
(e) Per Stirpes
Whenever a distribution is to be made to a person's descendants per
stirpes, the distribution shall be divided into as many shares as there are
then living children of such person and deceased children of such person
who left then living descendants. Each then living child shall receive one
share and the share of each deceased child shall be divided among such
child's then living descendants in the same manner.
(fl Shall and May
Unless otherwise specifically provided in my will or by the context in
which used, I use the word "shall" in my will to command, direct or
require, and the word "may" to allow or permit, but not require. In the
context of my Trustee, when I use the word "may" I intend that my
Trustee may act in its sole and absolute discretion unless otherwise stated
in my will.
(g) Other Definitions
Except as otherwise provided in my will, terms shall be as defined under
Pennsylvania law.
Section 9.02 Survivorship Presumption
If any beneficiary shall be living at my death, but die within 30 days thereafter, then such
beneficiary shall be deemed to have predeceased me for all purposes of my will.
Section 9.03 General Provisions
The following general provisions and rules of construction shall apply to my will:
(a) Singular and Plural; Gender
Unless the context requires otherwise, words denoting the singular maybe
construed as plural and words of the plural may be construed as denoting
the singular. Words of one gender may be construed as denoting another
gender a$ is appropriate within the context. The word "or" when used in a
list of more than two items may function as both a conjunction and a
disjunction as the context requires or permits.
(b) Hleadings of Articles, Sections, and Subsections
The headings of Articles, Sections, and subsections used within my will
are included solely for the convenience and reference of the reader. They
shall have no significance in the interpretation or construction of my will.
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(c) Governing State Law
My will shall be governed, construed and administered according to the
laws of the Commonwealth of Pennsylvania as from time to time
amended. Questions of administration of any trust established under my
will shall be determined by the laws of the situs of administration of such
trust.
(d) Notices
Unless otherwise stated, whenever my will calls for notice, the notice shall
be in writing and shall be personally delivered with proof of delivery, or
mailed postage prepaid by certified mail, return receipt requested, to the
last known address of the party requiring notice. Notice shall be effective
on the' date personally delivered or on the date of the return receipt. If a
party giving notice does not receive the return receipt but has proof that he
or she mailed the notice, notice shall be effective on the date it would
normallly have been received via certified mail. If notice is required to be
given to a minor or incapacitated individual, notice shall be given to the
parent or legal representative of the minor or incapacitated individual.
(e) Severability
The invalidity or unenforceability of any provision of my will shall not
affect the validity or enforceability of any other provision of my will. If a
court of competent jurisdiction determines that any provision is invalid,
the remaining provisions of my will shall be interpreted and. construed as
if any invalid provision had never been included in my will.
I, Carl L. 'Westhafer, Sr., having signed this Will in the presence of
~v~ ~'~' ~ ' ° ~ ~~ and ~ ~ who attested it at my request on this
day, _~ ~ ,o , 2 06 at Harrisburg, Pennsylvania, declare this to be my
Last Will and estament.
L'~ ~ ~c/ ,
Carl L. Westhafer, Sr., Te tator
Page 11
The above and foregoing Will of Carl L. Westhafer, Sr. was declared by Carl L.
Westhafer, Sr. in our view and presence to be his Will and was signed and subscribed by
the said Carl L. Westhafer, Sr. in our view and presence and at his request and in the
view and presence of Carl L. Westhafer, Sr. and in the view and presence of each other,
we, the undersigned, witnessed and attested the due execution of the Will of Carl L.
Westhafer, Sr. on this day, _~U` u ~ Q , 2006.
p ~--~ -~ residing at
residing at
V
-~ ~ ~ 1
~~~~
-~ I7tII
PENNSYLVANIA SELF PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, Carl L. Westhafer, Sr., 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 Carl L. Westhafer, Sr., the testator,
this day, ~ , 2006.
Carl L. Westhafer, Sr., Testator
Not Public '
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amy M. Moya, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires Jan. 29, 2008
Page 12 Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
We, Seta.-, ~ ,1.-Q-~e~~e..~and 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 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 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.
Witness
1
im
~,
Not Public
COMMONWEALTH O' PENNSY VANIA
Notarial Seal
Amy M. Moys, Notary Public
Lower Paxton '~ Dauphin County
My Commission >;xpir~ Jan. 29, 2008
Member, Pennsylvania Association of Notaries
Page 13