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Home My WebLink About09-05-12PETITION 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: Mary Levine File No: 21 ~ ~ % " a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: 577-20-5896 Date of Death: 8/15/12 Age at death: 91 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 1 Longsdorf Way 17015 So. Middleton Twp. Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 1 Longsdorf Way 17015 So Middleton Twp. Cumberland PA Street address, Post Office and Zip 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 property in Pennsylvania If not domiciled in Pennsylvania .............................Personal property in County Value of real estate in Pennsylvania ............................................................. . Real estate in Pennsylvania situated at: (Attach additional sheets, if necessary.) $ 1,500,000.00 TOTAL ESTIMATED VALUE.... $ 1,500,000.00 Street address, Post Office and Zip Code City, Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated 10/10/03 and Codicil(s) thereto dated ~TOne State relevant circumstances (e.g. renanciation, 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. ~ 3323(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., peizdente lite, durante absentia, durante minoritate If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete 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(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ^ NO EXCEPTIONS ^ EXCEPTIONS _ Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spo~~f.,any) and h~i~s (attac;~., ~~ additional sheets, if necessary): ~ ?~" ~'" ~ ~' `- L'' f_,,,~i _ Name Relationship -~ '_ - Address ~-~- -:-~ ~ t ..A ~ - ~ l~ `^ ---y . ~ r..... ~~ ~1 Form RW-02 rev. 10.'112011 Page 1 Of 2 Oath of Personal Representative ~e~al use only -~ F ;~~, ~-, ~ ~ - C-, , -_, ; - ~~ = - COMMONWEALTH OF PENNSYLVANIA } `~'~ E - ' ~%.~ ~` ' ~ ' `- ` ~ ~ ` " ~~ COUNTY OF CUMBERLAND } ~ _. _ . ~.i 5 y~ ~.~a ~.._ Petitioner(s) Printed Name Petitioner(s) Printed Address ~_ ~ ._...... -== `-= - 11301 Huntover Drive y ,~- ~'' _ Martin Levine Rockville MD X24852 650 West Old York Road Kenneth Levine Carlisle PA 17015 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, t Petitioner(s) will well and truly administer the estate according to law. ,~,~ ~ Sworn too ffi ed and s ~ scr~bed fo e~ ~ Date r-~ t~- me t is tay O ;~~~ '~~~~ Date By: ~ L ''~~'~--~ Date o the Register Date -: , BOND Required: ^ YES ^ NO FEES: ~l~' ~~~ Lett " ....................... $ ( ) Short Certificates(s) ...... ~~ ~~~~ ( )Renunciation(s) ......... . ( )Codicil(s) ............. . ( )Affidavit(s) ............ . Bond ......................... Commission .................... - O.th~ ......... __ yam' G~1.~ Automation Fee ................. ' -t JCS Fee ....................... , _-,,, TOTAL ......................$ C) To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: Printed Name: Huberrt ,: Gilro Supreme Court ID Number: 29943 Firm Name: Martson Law Offices Address: 10 East High Street Carlisle PA 17013 Phone: ~7I7~ 243-3341 Fax: X717) 243-1850 Email: h~ilroy~a martsonlaw com DECREE OF THE REGISTER Estate of Mary Levine a/k/a: AND NOW, ~ satisfactory proof having the instrument(s) dated 10/10/2003 described in the Petition be admitted to probate and filed of record as th last Will (an Codicil(s)) of D ~_ __.~ ~ Register of Wills Dorm RW-02 rev. l~%1/-'2011 ~r File No: 21 ' "°" ~' ~c.'~'./~ 1~'~,g~ ~ ~.~ ~ ~ ~ ~~ , in consideration of the foregoing Petition, presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Martin Levine and Kenneth Levine -_ in the above estate and (if applicable} that ,~ ~~~^, . , --~ 2 ~~~~~ - - , . a ... ~_ i i. t i l l : i ', ~ C' i ! 14 i i' dj l l' ., °~ . +. j {. 9,a' ~. ° .~.,. ~~~~ ~~~ 'S P~ 2; 43 (}(~P, t Gi it f ~i k~ '~ ~' ~ ~ r, CUMBE f ~~~~,ii~ ~ ~= ~~.~~ID ~a., PA Type/Print In Permanent R 0 a 0 `~ 0 _O COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS CERTIFICATE OF DEATH ~____ ~. _ .,.._~___ 1. Decedent's Legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number 4. Da of Death (Mo/Day/Yr) (Spell Mo) /I'Jf1R S. LE/ii~t F.- 577-,Zo-S896 ~' of Sa. Age-Last Birthday (Yrs) Sb. Under 1 Year Sc. Under 1 Da 6. Date of Birth (MO/D ay/Year) (Spell Month) 7a. Birthplace (City and State or For gn Country) Months Days Hours Minutes wp /'VASN/K(:TeN ~• C - / , 93 / Ml4tlG?t p[7 ~ 7b. Birthplace (County) 8a. Residence (State or Foreign Country) Sb. Residence (Street and Number -Include Apt No.) 8c. Did Decedent Live in a Township? ~Nwifyt,~/As.+i/1r ' Ht Yes, decedent lived in ,SouTet /hl QDLETDw1 twp. 8d. Residence (County) A~ ( Let~c6S PoR F (~N /yQ~/ta.•4 w,11] 8e. Residence (Zip Code) f'jOI'~ Q No, decedent lived within limits of city/boro. 9. Ever in US Armed Forces? 10. Marital Status at Time of Death Q Married $. Widowed 11. Surviving Spouse's Name (If wife, give name prior to first marriage) Q Ves ~ No Q Unknown Q Divorced Q Never Married Q Unknown 12. Father's Name (First, Middle, Last, Suffix) - 13. Mother's Name Prior to First Marriage (First, Middle, Last) .7-oF}n! S.4uNDERS P~'.4Ra- ~ a+^~kNaw~-'~ 14a. Informant's Name 14b. Relationship to Decedent 14c. Informant's Mailing Address (Street and Number, City, State, Zip Codej 0 /fEnrtfETN LE/%~/E saw/ le So oa..p ~/oRK RD. CAR~1Sa.E P/~. t'7o15 ~i ...................... lSa. P ace o Deat C eck on one ....................... ..._...._.._................._........ _.._._ ..Y...... ....... .... _......... ... ....... ......_ ...... "' _ ~ ........................................ .................. ................... If Death Occurred In a Hospital: ~{' Inpatient 5 1f Death O~~c urred Somewhere Other Than a Hospital: ~ Hospice Facility Decedent's Home ~ Q Emergency Room/Outpatient Q Dead on Arrival _ Nursing Home/Long-Term Care Facility Other (Specify) W iSb. Facility Name (If not institution, give street and number; 15 c. City or Town, State, and Zip Code i5d. County of Death CcrI~Y! Eteai-.~+n CRoSSi.uGS RL t f ~4 . ~ 7 o IS f w~rJ E' t.4N,, 16a_ Method of Disposition Q Burial Q Cremation 16b. Date of Disposition sposition (Name of cemetery, crematory, or other place) 16c. PPlace of D °D °~ Q Removal from State Q Donation Other (Specify) p `9 / ZO~.~ O i /' >I~f (r ~ilA V i D M eMOa~.4 •- ~s r1 2DENS d 16d. Location of Disposition (City or Town, State, and Zip) 17a. Sign re of Funeral Serv{ce Licensee or Person in Charge of Interment 17b. License Number v ~A a. t_ 5 C N N R GN , YA , .Z ~. O'+ ~ ~/..~~r->G~+~G- o t 2 i z Z ~. E u° 17c. Name and Complete Address of Funeral Facility _ 6(a.t.. F+lNtlRL E =i/c. 3$-Of ~ER.R ST l-,~~I~CiZt~9aiC6 T.4. /?tt / °ad 18. Decedent's Education -Check the box that best describes the 19. Decedent of Hispanic Origin -Check the 20. Decedent's Race - CFieck ONE OR MORE races to indicate what r°- highest degree or level of school completed at the time of death. box that best describes whether the decedent the decedent considered himself or herself to be. Q 8th grade or less is Spanish/Hispanic/Latino. Check the "No" White Q Korean Q No diploma, 9th - 12th grade box if decedent is not Spanish/Hispanic/Latino. Q Black or African American Q Vietnamese High school graduate or GED completed 1~ No, not Spanish/Hispanic/Latino Q AmeNcan Indian or Alaska Native Q Other Asian Q Some college credit, but no degree Q Yes, Mexican, Mexican American, Chicano Q Asian Indian Q Native Hawatfan Q Associate degree (e.g. AA, AS) Q Yes, 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, EdD) or Professional degree (Specify) Q Other (Specify) e. MD DDS DVM LLB JD 21. Decedent's Single Race Self-Designation -Check ONLY ONE to Indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation -Indicate type of work White Q Japanese Q Samoan done during most of working life. DO NOT USE RETIRED. Q Black or African American Q Korean Q Other Pacific Islander Q American Indian or Alaska Native Q Vietnamese Q Don't Know/Not Sure Sse,Q ~'7r/QI'e Q Asian Indian Q Other Asian Q Refused 22 b. Kind of Business/Industry 0 Chinese Q Native Hawaiian Q Other (Specify) 4Ta~ ~EA't ES Q Filipino Q Guamanian or Chamorro Ti ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (MO/Day Yr 23 b. Signature of Person Pronouncing Death ly when applicable) 23c. License Number BY PERSON WHO PRONOUNCES OR CERTIFIES DEATH Q ~ / /~~ / 1 ~ o _~CJ ~~ 3~~~~~ (M ay r) 23d. Date igned O/D 24. Time of Death r ~ > ~- fJ ~j - 25. Was M al Examiner or Coroner Contacted? Q Yes No GAUSE OF DEATH Approximate 26. Part 1. Enter the chain of events--diseases, injuries, or complications--that directly caused the death. DO NOT enter terminal events such as cardiac arrest, Interval: respiratory arrest, or ventricular fibrillation without showing the etiology- DO NOT ABBREVIATE. Enter only one cause on a line. Add additional lines if necessary Onset to Death !] IMMEDIATE CAUSE --------------> a. ~V~~3~ [ ~~' ~i--'~ ~` ~ C/ J' +~~ (Final disease or condition ue to (or as a consequence of): resulting in death) . b. _ Sequentially Ilst conditions, - Due to (or as a consequence of): if any, leading to the cause listed on line a. Enter the c. UNDERLYING CAUSE Due to (or as a consequence of): x W (disease or injury that initiated the events resulting d. s ~_ in death) LAST. Due to (or as a consequence of): 26. Part 11. Enter other si¢nificant conditions contributing to death but not resulting in the underlying cause given in Part 1 27. Was an autopsy performed? a Q Yes No ~ 28. Were autopsy findings available to complete the cause of death? T, Q Yes Q No 29. If Female: 30. Did Tobacco Use Contribute to Death? 31. Manner of Death a E: p g past year v~Not re Want within Q Yes Q Probably ~~N atu ral Q Homicide S Q Pregnant at time of death Q No (~Gnknown Q Accident Q Pending Investigation °~' Q Not pregnant, but pregnant within 42 days of death Q Suicide Q Could not be determined ~ Q Not pregnant, but pregnant 43 days to 1 year before death 32. Date of Injury (MO/Day/Yr) (Spell Month) Q Unknown If pregnant within the past year 33. Time of Injury 34. Place of Injury (e.g. home; construction site; farm; school) 35. Location of Injury (Street and Number, City, State, Zip Code) 36. Injury at Work 37. If Transportation Injury, Specify: 38. Describe How Injury Occurred: Q Yes Q Driver/Operator Q Pedestrian Q No Q Passenger Q Other (Specify) 39a. Ce (Check only one): Certifying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated Q Pronouncing g. Certifying physician - To the best of my knowledge, death occurred at the time, date, and place, and due to the cause(s) and manner stated Q Medical Examiner/Coroner - O basis of examination, and/or investigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner stated Signature of certifier: Title of certifler: ~ ~ License Number: ~~~ ~ ~~ ~~ ~-- 39b. Name, Address and Zip Code son Completing Cause of Death (Item 26) 39c. Signed (Mo/Day/V r) 'DR. ~gRRYL GyiST iTE T~ o• ~` ASS,tTOtJ ST. ~'~fR~iStL ~ /7013 ~ ! f z 40 egi tra is District Number 41. Re tra 's Signat 42. Re trar File Date Mo/Day r) ~- ! ~~ .Amen men - _ /~ ~~ /~ H 105-143 Disposition Permit No. I/ i REV 07/2011 -~ 4 ~~_ ~ v.~ a~~ ._ s y.;i._..: i:.Z~._ ~r_ c~7 i .~ ''~ ~i ~~ Gl. Ci... °`~ 045-195-004 LAST WILL AND TESTAMENT CMS:101003 ,_.. a-- OF ~7~ G ::°-~ ~ :,..;Q MARY LEVINE ~.~ ~ i; '1=~ I, MARY LEVINE, a resident of Montgomery County, Maryland, ~~ :..~... be`~~ of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking any and all former Wills and Codicils which I have heretofore made. PREAMBLE At the time of the execution of this Will, I am widowed and not remarried and I have two (2) living children, namely, MARTIN LEVINE and KENNETH LEVINE. For all purposes of this Will, the terms "child" or "children" shall refer only to my children named above. Further, for all purposes of this Will, the term "issue" or "descendant" shall mean a child (as defined above), grandchild, great-grandchild, or more remote descendant, c~;hether so related by blood or legal adoption, and also including any o£ the aforesaid born or adopted after the execution of this Will. ARTICLE FIRST: PAYMENT OF DEBTS, EXPENSES OF LAST ILLNESS, ADMINISTRATION EXPENSES, FUNERAL EXPENSES AND TAXES: I direct the Personal Representatives to pay out of and/or charge against my estate, to the maximum extent possible: A. All of my just and enforceable debts (excluding any SHULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 debt or debts secured by a mortgage or mortgages or any other ~~ lien on any property owned by me), all administration expenses of my estate, expenses of my last illness and my funeral and burial expenses, including the cost of a suitable burial lot and perpetual care thereof, and the cost of the erection of a suitable monument or marker, or both, or such of these as have not been otherwise provided for during my lifetime; and the amount to be expended for such funeral and burial expenses shall be in the discretion of the Personal Representatives free of any limitation or restriction imposed by law; and all of such amount or amounts may be paid by the Personal Representatives without any order of court; and B. 1. All estate, inheritance or other similar taxes by SMULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 208D52-2743 /^Jw• I whatever name called, including any interest and penalties thereon, payable by reason of my death in respect of property included in my gross estate for death tax purposes (but excluding (a) any generation-skipping transfer taxes, (b) any additional tax under Section 2032A(c) and Section 2057 (f) of the Code or any similar recapture provisions of the Federal revenue laws, (c} any tax under Section 2056A of the Code, and (d) any death taxes imposed as a result of the inclusion of property in my estate under Section 2044 of the Code (and similar sections (s) of any pother Federal revenue laws)) (herein referred to as "Death Taxes"), shall be paid, without apportionment, out of that portion of my Residuary Estate disposed of under ARTICLE THIRD 2 which does not qualify for any charitable deduction for Federal estate tax purposes. 2. Notwithstanding the provisions of subparagraph SHULMAN, ROGERS, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 20852-2743 B.1. of this ARTICLE FIRST, if any part of my gross estate consists of property passing outside of this Will which generates Death Taxes (herein referred to as the "Taxable Nontestamentary Property"), then the recipient of the Taxable Nontestamentary Property shall be responsible for an amount equal to the portion of the total Death Taxes to be paid resulting from the inclusion of the Taxable Nontestamentary Property in my gross estate and the Personal Representatives shall be entitled to collect the same from such recipient; provided, however, that no Death Taxes shall be collected from the recipient of Taxable Nontestamentary Property which qualifies for any charitable deduction for Federal estate tax purposes. ARTICLE SECOND: DISPOSITION OF JOINTLY HELD PROPERTY AND SPECIFIC BEQUESTS: A. I hereby confirm my intention that the beneficial interest in all property, real or personal, tangible or intangible (including, without limitation, stocks, bonds or other securities and checking or savings accounts in any bank, savings and loan association or similar institution), which is registered or held at the time of my death jointly (other than as tenants in common) in the names of myself and any other person, shall pass by right of survivorship or operation of law and outside of the 3 ~~ i i ~ ~,i terms and provisions of this Will to such other joint owner if j i i such other joint owner survives me. In the event that my i I t intention may be defeated by any rule of law with respect to any ~ ~ such jointly held property, I give, devise and bequeath such ~ i jointly held property to such other joint owner if such other ~ , joint owner survives me. ~ B. 1. I give and bequeath the sum of FIVE THOUSAND DOLLARS ($5, 000) in cash, outright and free of trust, to my friend, RONI I. HANDLER, if she survives me. 2. I give and bequeath the sum of FIVE THOUSAND I DOLLARS ($5,000) in cash, to my friend, CATHERINE SUMMERVILLE, if she survives me. ARTICLE THIRD: RESIDUARY ESTATE: I hereby direct that all the rest, residue and remainder of my estate remaining after payment or making provision for payment ~ of all my just expenses, costs and debts as provided in ARTICLE FIRST above, and after satisfying all bequests and devises made in the above items of this Will, consisting of all of my property I(real, personal or mixed) of whatsoever kind and description and wheresoever situate, tangible or intangible, which I shall own or i to which I shall in any way be entitled at the time of my death or over which I shall have the power of testamentary disposition (but excluding any property over which I have, at the time of my death, solely a power of appointment), hereinafter referred to as SHULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILL E, MD 20852-2743 4 • my "Residuary Estate", shall be sold by my Personal Representatives, and the proceeds in cash therefrom shall be disposed of as follows: A. The proceeds from the sale of my entire Residuary Estate shall be divided into such number of equal parts as shall provide one such part for each of my sons who survives me and one such part for each of my sons who has predeceases me leaving his surviving widow or any of his surviving issue. Such equal parts shall be disposed of as follow: 1. Each such part so provided for a then-living son of mine shall be paid over and distributed, outright and free of trust, to such then-living son. 2. Each such part so provided for a then-deceased son SHULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 2085 2-2 7 43 ~~ of mine who leaves a then-living widow shall be paid over and distributed to my Trustees, as hereinafter named, IN TRUST. The Trustees shall hold, manage, administer, invest and reinvest the same, shall collect the income therefrom and, after deducting all charges attributable thereto, may pay, to or for the benefit of my deceased son's widow, such sums from the net income and/or principal of such widow's trust as the Trustees shall deem necessary or desirable for such widow's health, support, education or maintenance, or to establish such widow in a business or to encourage such widow to remain in any business in which such widow may be engaged, or to assist such widow in the 5 2. In the event of the death of a grandchild prior to complete distribution of such grandchild's trust, such trust, or the remainder thereof, shall be distributed as follows: a. The Trustee shall, subject to the provisions of paragraph B. of this ARTICLE FOURTH, pay over the remaining principal and any accrued and undistributed income of such trust to such grandchild's issue who shall survive such grandchild, per stirpes; or, in default of such issue, subject to the provisions of paragraphs A. and/or B., as the case may be, of this ARTICLE FOURTH, to the issue of such grandchild's parent who shall survive such grandchild (which issue are also issue of mine), per stirpes; or, in default of such issue, subject to the provisions of paragraphs A. and/or B., as the case may be, of this ARTICLE FOURTH, to my issue who shall survive such grandchild, per stirpes; or, if there are no issue of mine surviving such grandchild, to such of the beneficiaries identified or described in Paragraph B. of ARTICLE THIRD of this Will (i) who would be entitled to my Residuary Estate had I died after such grandchild with no spouse or issue surviving me and (ii) who shall survive such grandchild, in the same proportions as described therein; provided, however, that if any share or portion of a share would be held for and/or distributed to a person for whom a trust is ...,then being administered under this Will, such share or portion of SHULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 9 such share shall be added to that trust and shall thereafter be administered and distributed according to its terms. b. Notwithstanding the foregoing, if upon such grandchild's death a generation-skipping transfer would occur if such trust were distributed as directed in subparagraph A.2.a. of this ARTICLE FOURTH which, but for this provision, would be subject to a generation-skipping tax, then each share of the trust which would (i) be distributed under said subparagraph A.2.a. to a "skip person" (as that term is defined in Section 2613 (a) of the Code) and (ii) be subject to generation-skipping transfer tax, shall be distributed as such grandchild shall by Will appoint, by specific reference to this power, whether in favor of such grandchild, such grandchild's estate, such grandchild's creditors or the creditors of such grandchild's estate. In default of the exercise of such general power of appointment, or to the extent that the same is not exercised effectively, or in the event no general power of appointment exists pursuant to the foregoing sentence, such share of the trust shall be paid over and distributed to the beneficiary to whom such share would otherwise have been distributed under subparagraph A.2.a. above. B. Payments to Other Beneficiaries: If at any time any SHULMAN, ROGERS, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 20852-2743 property becomes distributable free of trust to a beneficiary (other than a grandchild of mine) who has not attained the age of 10 ~~ eighteen (18 ) years (or twenty-one (21) years if distribution is made pursuant to subparagraph B.1. below and the custodianship can continue to such age), then such property shall immediately vest in the beneficiary, but the fiduciaries, in the fiduciaries' discretion, may hold and/or distribute such property as follows: 1. The fiduciaries may pay over such property to a custodian for such minor under a Uniform Gifts or Transfers to Minors Act. If such property is paid to a custodian, the custodian may be appointed by the fiduciaries, and the custodianship shall continue for the maximum period allowable under the applicable Uniform Act. 2. The fiduciaries may retain possession of such SHULMAN, ROGERS, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 2085 2-2 7 43 property during the period in which the beneficiary is under the age of eighteen (18) years. If the property is retained by the fiduciaries, then during such retention, the fiduciaries shall use and expend so much of the net income and/or principal of such property as the fiduciaries shall deem necessary or desirable for such beneficiary's health, support, education or maintenance, or for any other purpose that will further the best interests of the beneficiary. Such payments may be made to the natural or legal guardian, or to the person with whom such beneficiary resides, or directly to such beneficiary, or otherwise, as the fiduciaries may from time to time deem advisable, and the fiduciaries shall accumulate for the benefit of such beneficiary any income not so 11 'YY' applied or paid. When such beneficiary attains the age of eighteen (18) years, the entire amount then held for such beneficiary shall be distributed to such beneficiary, and in case of the death of such beneficiary prior thereto, shall be distributed to such beneficiary's estate. ARTICLE FIFTH: SPENDTHRIFT PROVISION: To the extent permitted by law, the beneficiaries of my SHULMAN, ROGERS~GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 estate or any trust created hereunder shall not have any right to assign, transfer, hypothecate, encumber, anticipate or commute their interests in any distributions or payments made hereunder. To the extent permitted by law, such distributions or payments shall not in any way be subject to any legal process levying upon or attaching the same for payment of any claims against any of the beneficiaries. If any beneficiary shall alienate or attempt to alienate such income or principal, or if, by reason of bankruptcy, insolvency, or any other means, said income or principal could no longer be personally enjoyed by such beneficiary, but would become vested in or payable to some other person, then the fiduciaries may in the fiduciaries' complete and uncontrolled discretion, refrain from paying such income or principal to such beneficiary in whole or in part, or apply it to the maintenance and support of such beneficiary, or pay the whole or part of it to one or more member of such beneficiary's family. ARTICLE SIXTH: SIMULTANEOUS DEATH CLAUSE: 12 ~~ acquisition of a home, or for any other purpose that will further the best interests of such widow. Any income not so distributed shall be added to the principal of such widow's trust annually. Upon such widow's death, her trust shall terminate and the then- , remaining balance of principal and undistributed income, if any, ~ of such trust shall be disposed of as provided in subparagraph A.3. of this ARTICLE THIRD. 3. Each part so provided for a then-deceased son of mine who leaves no then-living widow (or whenever it is provided in this Will that property shall. be disposed of as provided in subparagraph A.3. of ARTICLE THIRD, such property) shall, subject to the provisions of ARTICLE FOURTH, be distributed to such deceased son's then-living issue, per stirpes. B. If I am not survived by any of my descendants or either SHULMAN, ROGERS, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 20852-2743 of my sons' widows, or in the event that at any time provided for the distribution of my estate or any trust created hereunder there are no persons then-living who are entitled to receive the distribution of my estate or such trust under the terms above, then said distribution shall be paid to those of my heirs living on the date of distribution, as though I died on the date of distribution of such property intestate, without a spouse and a resident of the State of Maryland. ~6 'Yn ~ ARTICLE FOURTH: TRUSTS FOR GRANDCHILDREN; PAYMENTS TO OTHER BENEFICIARIES: A. Trusts for Grandchildren: Notwithstanding any foregoing provision of this Will to the contrary, if at any time any share of my Residuary Estate (or upon the termination of any trust established hereunder, any share of such trust) becomes distributable free of trust to a grandchild of mine who has not yet attained the age of THIRTY-FIVE (35) years, then such grandchild's share shall not vest in or be distributed to such grandchild outright, but shall, instead, be distributed to the Trustee, as hereinafter named, IN TRUST. The Trustee shall hold, manage, administer, invest and reinvest the same, shall collect the income therefrom and, after deducting all charges attributable thereto, may pay, to or for the use or benefit of such grandchild, such sums from the net income and/or principal of such grandchild's trust as the Trustee shall deem necessary or desirable for such grandchild's health, support, education or maintenance, or to establish such grandchild in a business or profession, or to encourage such grandchild to remain in any business in which such grandchild may be engaged, or to assist such grandchild in the acquisition of a home, or for any other purpose that will further the best interests of such grandchild. Any income not so distributed shall be added to the principal of such grandchild's trust annually. SHULMAN, ROGERS, GANDAL ~7 PORDY S ECKER, P.A. ROCKVILLE, MD 20852-2743 ~Y JM•J 1. When such grandchild attains the age of TWENTY- FIVE (25) years (or, if at the time when such part is set aside for such grandchild, such grandchild shall already have attained such age but not the age of THIRTY (30) years, then at such time), the Trustee shall pay over and distribute, outright and free of trust, ONE-THIRD (1/3) of the then-remaining balance of principal and undistributed income, if any, of such grandchild's trust to such grandchild. When such grandchild attains the age of THIRTY (30) years, the Trustee shall distribute, outright and free of trust, ONE-HALF (1/) of the then-remaining balance of principal and undistributed income, if any, of such grandchild's trust to such grandchild; provided, however, that, if at the time the part referred to in this subparagraph A.l. is set aside for such grandchild, such grandchild shall have attained at least the age of THIRTY ( 3 0 } years but not the age of THIRTY -FIVE ( 3 5 } years, then, at such time, the Trustee shall pay over and distribute to such grandchild, outright and free of trust, TWO- THIRDS (2/3) of the then-remaining balance of principal and undistributed income, if any, of such grandchild's trust. When such grandchild attains the age of THIRTY-FIVE (35) years, such grandchild's trust shall terminate and the Trustee shall pay over and distribute the then-remaining balance of principal and undistributed income, if any, of such grandchild's trust to such grandchild. SHULMAN, ROGERS, GANDAL A PORDY S. ECKER, P.A. o ROCKVILLE, MO 20852-2743 i If any beneficiary and I should die under such circumstances that the order of our respective deaths cannot be established by adequate proof, or if such beneficiary shall not survive me by at least sixty (60) days, then it shall be conclusively presumed for ', the purposes of this Will that said beneficiary predeceased me. ARTICLE SEVENTH: APPOINTMENT OF FIDUCIARIES; FIDUCIARIES' RIGHTS, POWERS AND DUTIES; PERSONAL REPRESENTATIVE'S SPECIAL ELECTIONS; RULE AGAINST PERPETUITIES: A. Appointment of Fiduciaries: 1. I hereby nominate, constitute and appoint my SHULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 children, MARTIN LEVINE and KENNETH LEVINE, to serve together as Personal Representatives. In the event that either of my children fails to act or ceases to serve for any reason, then the ~; ;;remaining child may serve as sole Personal Representative. ~~ ;Whenever there are two Personal Representatives serving, action '~ ''may be taken only unanimously; provided, however, that, if my ~'~, 'Personal Representatives cannot reach a unanimous agreement with 'I I';~~,respect to any action made or to be taken with respect to my estate, then I appoint my nephew, STEVEN H. LEVINE, of Washington, D.C., as sole arbitrator for purposes of settling any ~I ',''such disagreement 2. a. In the event that my son, MARTIN LEVINE, !'shall predecease me, I hereby nominate, constitute and appoint my I,friend, MARTIN P. SCHAFFER, and MARTIN'S surviving widow to serve 13 ~~ together as Trustees of any trust established under subparagraph A.2. of ARTICLE THIRD for the benefit of MARTIN'S family; ''; provided, however, that if MARTIN P. SCHAFFER fails to act or ceases to serve as Trustee, then SHELDON DOSIK, of New York, New '' York, shall serve in MARTIN P. SCHAFFER's place and stead. I hereby direct that in no event shall my daughter-in-law serve as ', sole Trustee of any trust of which she is also a beneficiary. b. In the event that my son, KENNETH LEVINE, !I shall predecease me, I hereby nominate, constitute and appoint my ',!friend, DANIEL KRAFT, and KENNETH'S surviving widow to serve 'j together as Trustees of any trust established under subparagraph ~. ~'~ A . 2 . of ARTICLE THIRD f or the benefit of KENNETH' s f amily; provided, however, that if DANIEL KRAFT fails to act or ceases to :'.'',serve as Trustee, then STEVEN H. LEVINE shall serve in DANIEL '' KRAFT'S place and stead. I hereby direct that in no event shall ''; my daughter-in-law serve as sole Trustee of any trust of which ''she is also a beneficiary. c. Notwithstanding any other provision of this Will to the contrary, the subsequent remarriage of a widow of a ,son of mine after a trust has been created for the benefit of :'..such widow under the provisions of subparagraph A.2. of ARTICLE THIRD, shall not terminate such trust, nor shall such subsequent SHULMAN, ROGERS, GANDAL 1L~ PORDY & ECKER, P.A. ROCKVILLE, MD 20852-2743 i 1 I I~ b. In the event no Personal Representative appointed pursuant to this Will is willing or able to serve, a majority of the adult beneficiaries of my estate (or, if there are no such adult beneficiaries, then a majority of the minor beneficiaries of my estate, as represented by their Guardians) shall appoint one or more persons to serve as Personal Representative of my estate. c. Any such appointment shall be made by inter vivos or testamentary written instrument delivered to the designee. 4. a. Any Trustee serving hereunder shall have the power to appoint one or more persons to serve as a successor Trustee or Co-Trustee; provided, however, that any such designation must be approved by all Trustees then serving hereunder. b. Notwithstanding any other provisions of this SHULMAN, ROGERS, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 20852-2743 Will to the contrary, no individual Trustee shall participate in any decision regarding any discretionary payment or application of principal or income to or for the benefit of any beneficiary who the Trustee is legally obligated to support or from any trust of which the Trustee is an income beneficiary, a remainderman or an eligible income beneficiary or remainderman, nor may any individual Trustee participate in any discretionary termination of any such trust. All such decisions shall rest exclusively in 16 ~~ the discretion of the other Trustee or Trustees then acting hereunder. The preceding sentences shall not apply to a power to make distributions to a beneficiary pursuant to a standard limiting such distributions to the beneficiary's needs for health, support, maintenance or education. c. In the event of the resignation, refusal or inability to act of any Trustee acting or appointed to act hereunder, if no successor Trustee is designated by this Will or by said Trustee, a majority of the adult beneficiaries of such trust who are at the time entitled to or eligible to receive income from the trust (hereinafter the "income beneficiaries") or, if none, the parents, guardians, or conservators of a majority of the minor income beneficiaries, may appoint a successor Trustee to administer the trust; provided, however, that such beneficiaries may not appoint as successor Trustee any person who is a beneficiary of the trust or the spouse of a beneficiary. d. Any such appointment shall be made by inter vivos or testamentary written instrument delivered to the designee. e. Any Trustee acting hereunder may at any time SHULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 ~,,. ~ resign from such office ( i ) upon giving at least thirty ( 3 0 ) days notice in writing to the other Trustee or Trustees then acting, or upon the earlier written consent of such other Trustee or 17 Trustees upon receipt of such written notice, or, (ii) if the SHULMAN, ROGER S, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 20852-2743 ^\V^r^\ Trustee shall then be serving as the sole Trustee, upon giving at least thirty (30) days notice in writing to the then-current income beneficiaries (whether mandatory or discretionary) of such trust and to those remaindermen who would take if the trust terminated at such time and who are then sui~uris, or upon the earlier written consent of such then-current income beneficiaries (whether mandatory or discretionary) and remaindermen of such trust upon receipt of such written notice; provided, however, that if there shall be no such then-current income beneficiary (whether mandatory or discretionary) and no such remainderman, and such Trustee shall then be serving as sole Trustee of such trust, such Trustee's resignation and appointment shall not be effective unless and until a successor Trustee shall have been appointed and such successor Trustee shall have executed and delivered to the resigning Trustee a written instrument acknowledging such successor Trustee's acceptance of the appointment. Said notice of resignation shall specify the date or event upon which such resignation shall become effective. The power of a Trustee to resign shall apply concurrently and successively to all successor Trustees. When such resignation or when the removal of a Trustee becomes effective, the resigning or removed Trustee: (i) shall promptly transfer, pay over and deliver the trust property and records in such Trustee's hands to V any other Trustee who is then acting, (ii) shall thereafter be discharged from all powers, trusts, duties or obligations hereunder and (iii) shall no longer be a Trustee. 5. My estate or any trust created hereunder may pay to any fiduciary fair and reasonable compensation for services performed for my estate or any trust created hereunder. For purposes of this paragraph, fair and reasonable compensation shall be determined as follows: a. The standard hourly rate of an individual fiduciary who provides professional services to my estate or any trust created hereunder shall be deemed to be lps0 facto fair and reasonable compensation for the services performed by such fiduciary for my estate or any trust created hereunder. Further, the rate which is equivalent to the rate which an individual engaged in the business of providing estate or trust administration services charges for such services shall be deemed to be fair and reasonable compensation for a fiduciary who does not provide professional services on a standard hourly basis. b. Any corporate fiduciary serving hereunder shall receive compensation for services performed for my estate or any trust created hereunder in accordance with the corporate fiduciary's published fee schedule, as amended from time to time. 6. I direct that no bond or surety on bond shall be SNULMAN, RO6ERS, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 2 065 2-2 7 43 required of any fiduciary appointed hereunder or in accordance 19 ~~ herewith for the faithful performance of such f fiduciary' s duties in any fiduciary capacity hereunder in any jurisdiction; or if bond or other security is required by law, it is my request that it shall be a nominal bond or other security. 7. Except for willful default or gross negligence, no fiduciary shall be liable for any act, omission, loss, damage or expense arising from the performance of such fiduciary's duty under this instrument. A successor fiduciary shall succeed to all the powers, duties and discretionary authority of an original fiduciary. No fiduciary shall be liable or responsible in any way for any acts or defaults of any predecessor fiduciary, but such fiduciary shall be liable only for such fiduciary's own acts or defaults in respect to property actually received by such successor fiduciary. 8. A person acting as a fiduciary or a person not then acting but appointed or designated as a fiduciary hereunder shall be deemed disabled or otherwise incapable of acting, and shall be deemed to have ceased to be a fiduciary hereunder or deemed to be unable to act in such capacity, upon any of the following: a. Such fiduciary's death or written waiver or resignation to act hereunder; or b. A court order, which the recipient deems to SHULMAN, ROGERS, GANDAL WORDY & ECKER, P.A. ROCKVILLE, MD 20852-2743 be jurisdictionally proper and still currently applicable, 20 ~~ holding such fiduciary to be legally incapacitated to act on behalf of my estate or any trust created hereunder; or c. Duly executed, witnessed and acknowledged written certificates of such fiduciary's incapacity, at least two of which are then unrevoked, of three licensed physicians, each of whom represents that such physician is certified by a recognized medical board, has examined such fiduciary and has concluded that, by reason of accident, physical or mental illness, progressive or intermittent physical or mental deterioration, or other similar cause, such fiduciary had, at the date thereof, become incapacitated to act rationally and prudently to look after my estate or any trust created hereunder, which the recipient deems to be credible and still currently applicable; or d. Other evidence which the recipient deems to be credible and still currently applicable that such fiduciary has disappeared, is unaccountably absent, or is being detained under duress where such fiduciary is unable to effectively and prudently look after my estate's or any trust's best interest. In the event that such fiduciary shall be considered to SHULMAN, ROGERS, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 208 5 2-2 7 43 be disabled pursuant to the aforesaid standards, such fiduciary's incapacity shall be deemed to continue until such court order, certificates and/or circumstances have become inapplicable or have been revoked in the manner herein indicated. 21 'r" `~ B. Fiduciaries' Ricthts, Powers and Duties: 1. Rights, Powers and Duties of Personal Representatives In limitation of the rights, powers, privileges SHULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILL E, MD 20852-2743 and discretions generally vested in fiduciaries by law, I give to my Personal Representative, the following powers, said powers to continue in effect with respect to any property at any time held hereunder until the sale and distribution thereof pursuant to the terms of this Will: a. To retain any property, real or personal, included in my estate or received by the Personal Representatives only until such time as such property can be sold for fair market value. b. To sell, with or without notice, at public or private sale, for cash or on credit, with or without security, to exchange and to grant options to purchase any property, real or personal, which is included in my estate or is at any time held hereunder, and, in so doing, to execute all necessary deeds or other documents or instruments. c. To make contracts and agreements; to compromise, settle, release, arbitrate or accept arbitration of any debts or claims in favor of or against my estate; to sue on behalf of my estate and to defend any suit against the same. d. To vote, in person or by proxy, any stock or securities held hereunder, and to exercise or delegate all rights and privileges (such as subscription rights and conversion privileges) and discretionary powers in connection therewith. e. To exercise any options or warrants for the purchase of securities; or, alternatively, not to exercise any such options or warrants (and allow them to lapse). f. To consent to and participate in any reorganization, consolidation, merger, dissolution, sale, lease, mortgage, purchase or other action affecting any stock or securities held hereunder, and to make payments in connection therewith. 22 ~~ g. To employ agents, attorneys, accountants, brokers, counsel (including investment counsel) or others, whether individual or corporate, and to pay their reasonable compensation and expenses. Any Personal Representative may serve in any such additional capacity and be reasonably compensated for services rendered and expenses incurred in such additional capacity. SHULMAN, ROGERS, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 20652-2743 h. To hold any property, real or personal, in the name of a nominee, or in the name of any or all of the Personal Representatives as Personal Representatives, until such time as such property is sold by the Personal Representatives in accordance with the provisions of ARTICLE THIRD of this Will. i. To make such divisions, distributions or advances, at any time and from time to time during the period of administration of my estate, of all or any part of the net income or principal of my estate as the Personal Representatives deem appropriate. j. To perform and carry out the provisions of any contracts or business agreements to which I was a party and which may be in force at the time of my death (including, but not limited to, agreements of general partnership, limited partnership, limited liability company, or joint venture, and agreements arising out of my interest as a member, an officer, director or stockholder of any corporation), and to renegotiate the terms of any such contracts or agreements; and to wind up and liquidate any such business (whether a sole proprietorship, general partnership, limited partnership, limited liability company, joint venture, corporation or other entity) in which I may have an interest at the time of my death, without liability for loss resulting from the winding up or liquidation of such business except loss resulting from the Personal Representatives' own willful default or gross negligence. k. To lend money to any beneficiary of any trust created hereunder, with or without security and with or without interest. 1. To renounce and disclaim, in whole or in part, any legal or beneficial interest in or power over any property bequeathed, devised, distributed or transferred to the Personal Representatives. m. Notwithstanding any other provision of this Will, so long as my estate or any trust created hereunder includes any stock of an "S corporation" (as defined in the 23 ~~ Code), the Personal Representatives are specifically prohibited from doing any act, the commission or omission of which would voluntarily or involuntarily cause the termination of the election of such corporation and its stockholders under and pursuant to Subchapter S (Sections 1361 through 1379, inclusive) of the Code. SHULMAN, ROGERS, GANDAL PORGY S. ECKER, P.A. ROCKVILL E, MD 20852-2743 ,,~.~. n. Generally, to do any and all acts and things and to execute any and all written documents or instruments with respect to any property at any time held hereunder which will facilitate the sale, at the highest value, of such property. o. To insure the assets of my estate against damage or loss and themselves against liability with respect to third persons. p. To abandon any property, real or personal, which they deem to be worthless or not of sufficient value to warrant expending efforts to sell; or to convey any such property for a nominal consideration, or without consideration. q. My Personal Representatives may arrange for extensions of time for the payment of estate and inheritance taxes or may postpone the payment of such taxes upon future interests until the time possession thereof accrues to the beneficiary or beneficiaries. My Personal Representatives may compromise any tax assessed against my estate. r. To deduct from the income of my estate reserves for taxes, assessments, insurance, repairs, depreciation, obsolescence, depletion, maintenance and other anticipated expenses and to allocate such deductions between the hereof in such manner as they deem proper. s. Whenever required to make a distribution of all or a part of my estate, to retain therefrom an amount of cash sufficient in the Personal Representatives' judgment to cover any liability which may then or later be imposed upon the Personal Representatives, including but not limited to, the Personal Representatives' liability for estate, inheritance, income or other taxes, until such liability shall have been finally determined. t. To the extent permitted by law, the Personal Representatives shall not be required to make or file any inventory or appraisement or to make or file any annual or other reports or accounts to any court in any jurisdiction; and, in addition, any Personal Representative may accept his or her 24 appointment without a judicial settlement of the accounts of any predecessor Personal Representative. SHULMAN, ROGERS, GANDAL PORDV 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 u. The Personal Representatives shall not be required to obtain the order or approval of any court for any transaction affecting any sale of any assets of my Estate, nor shall any person be required to inquire or investigate into the Personal Representatives' authority for entering into such sale, or to see the application made by the Personal Representatives of the proceeds of any such sale. v. All of the rights, duties, powers, authorities, and immunities given to the Personal Representatives in this Will shall continue until the Personal Representatives shall have made actual distribution of all proceeds from the sale of al l of my property hereunder . w. Notwithstanding any other provisions of this instrument, any Personal Representative acting hereunder may delegate, at any time or from time to time, any or all of such Personal Representative's rights, powers, duties, and authority to any other Personal Representative acting hereunder; provided, however, that any such delegating instrument shall be revocable at any time. x. If more than one Personal Representative serves at any time, the signature of any one authorized Personal Representative shall be sufficient in exercising. any of the powers referred to in this Will, and the signature of any one authorized Personal Representative shall be sufficient when endorsing or otherwise negotiating any checks, stock certificates, shares of investment trusts, stock or bond powers, or any of the other assets that may be held in my Estate hereunder from time to time. The provisions of this paragraph are included for ease of administration only and do not relieve any Personal Representative hereunder of such Personal Representative's duty to obtain the consent or concurrence of any Personal Representative to any proposed action or in any other way alter or expand any of such Personal representative's powers and discretions hereunder. y. All determinations by the Personal Representatives as to any act taken by the Personal Representatives under my Will shall be in the Personal Representatives' sole and absolute discretion. z. While recognizing the duty of the Personal Representatives to minimize taxes (taking into account income and 25 ~~ other taxes as well as estate taxes, the deferral of tax as well as the rate of tax, and taxes on the beneficiaries and their estates as well as on my estate) consistent with my other planning objectives, whenever the Personal Representatives shall have a choice or right of election with regard to tax on my estate (including, but not limited to, the elections and choices described in this ARTICLE SEVENTH) the Personal Representatives shall make such elections and choices as the Personal Representatives, in the Personal Representatives' sole and absolute discretion, may deem advisable, without regard to the effect upon the respective interests of the persons interested in my estate. The Personal Representatives shall be further authorized, but shall in no event be required, to make adjustments between any such interests to compensate for any adverse effect thereon of any such choice or election. Further, the Personal Representatives shall not be held liable to any person or entity interested in my estate for any choice or election made (or not made) in good faith. SHULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 (i) Whenever the Personal Representatives shall have a choice of dates in valuing property in my gross estate for estate tax purposes, or a choice between claiming any expense of administration as a deduction for income tax purposes or as a deduction for estate tax purposes, the Personal Representatives shall be authorized to make such choice as the Personal Representatives shall deem advisable without regard to the effect of such choice upon the persons interested in my estate. (ii) The Personal Representatives shall be authorized (but shall not be required) to elect exemption from the applicability of Section 2632(b) of the Code, and the Personal Representatives shall be authorized to allocate, in accordance with the provisions of Section 2632 (a) of the Code, any unused portion of the generation-skipping transfer tax exemption available to me (or to my estate) under Section 2631 of the Code to any dispositions of property under this Will or to any dispositions of property outside of this Will in such manner and in such amounts and proportions as the Personal Representatives shall deem appropriate. All determinations by the Personal Representatives as to the proper allocation of such unused exemption shall be conclusive and binding upon all persons having or claiming interest in my estate. (iii) All income earned during the period of administration of my estate (including, without limitation, income earned on that portion of my estate used for the payment of legacies, debts, funeral and administration expenses, estate, 26 ~~ inheritance and other death taxes, and any other lawful charges against my estate) shall be treated solely as income. With the exception of any income from assets specifically devised or bequeathed, such income shall. be allocated to the beneficiary or beneficiaries (including any trust or trusts) of my Residuary Estate proportionate with the division of my Residuary Estate, subject to adjustment for any distributions made to any such beneficiary or beneficiaries during the period of administration of my estate. (iv) The Personal Representatives may join in ''~I making an election under Section 645 of the Code to treat any ''I qualified revocable trust (as defined in such Section) created by ~''' me as part of my estate for income tax purposes and the Personal Representatives may make (or j oin in making) any adjustments and ~I allocations of distributable net income, tax liabilities, and ~~I other consequences of whatever nature resulting from this ~; election, which the Personal Representatives may deem to be !, appropriate . (v) These elective provisions are for illustrative purposes only and shall not be construed to limit the Personal Representatives' ability to make any other election not set forth herein. 2. Rights, Powers and Duties of Trustees SHULMAN, ROGERS, GANDAL PORDY & ECKER,P.A. ROCKVILLE, MD 20852-2743 to the terms of this Will: In addition to, and not in limitation of, the rights, powers, privileges and discretions vested in Trustees by law, I give to my Trustees, in the administration of any trust created hereunder, the following powers, to be exercised, without application to any court, to such extent, at such time or times, upon such terms, and in such manner as my Trustees shall deem advisable in the best interest of the beneficiaries of any trust created hereunder, said powers to continue in effect with respect to any property at any time held hereunder until the distribution payment or application thereof under and pursuant a. To retain, for so long as deemed advisable, any property, real or personal; to abandon any property; to change or exchange any property; and to invest and reinvest, at any time and from time to time, in such other property, real, personal, tangible or otherwise, within or without the United States, without being limited in such retention, investment or reinvestment to property authorized for the investment of trust funds by any applicable local law, without regard to 27 ~~ ''~ diversification of assets, and even though such assets are not j', income-producing. i' b. To sell, with or without notice, at public or ', private sale, for cash or on credit, with or without security, to ,''I exchange and to grant options to purchase any property, real or 'i personal, not herein specifically devised or bequeathed, which is !~' included in my estate or is at any time held hereunder, and, in '~", so doing, to execute all necessary deeds or other documents or !, instruments. c. To borrow money; to mortgage, pledge as !,', security, margin or otherwise encumber, any property held ';i hereunder; and, if money is borrowed from any fiduciary, to pay interest thereon at the prevailing rate. To consent to the ~I', subordination, modification, renewal or extension of any ~''~ debenture, note, bond, mortgage, open account indebtedness or other obligation, whether or not secured or evidenced by any '~:'', writing, or of any other term or provision thereof, or of any guarantee thereof, or to the release of such guarantee; to ''foreclose mortgages and bid on property under foreclosure, or to ~'~take title to property by conveyances in lieu of foreclosure, '';either with or without payment of consideration; to continue '; mortgage investments after maturity, either with or without renewal or extension, upon such terms and conditions as they deem 'advisable; to release obligors on bonds secured by mortgages, or ';obligors on other obligations, or to refrain from instituting ~~suits or actions against such obligors for deficiencies; to use ';such part of the property held by my Trustees as my Trustees deem ~~advisable for the protection of any investment in real or ';;personal property, or any investment in any mortgage or pledge on real or personal property. ', ', d. To lease for any period (without regard to the duration of any trust created hereunder or to any statutory '';restriction), exchange, partition, subdivide, alter, demolish, ';develop, dedicate (even without consideration), improve, repair, maintain, grant easements, rights-of-way or covenants on or ~' otherwise deal with real property. e. To make contracts and agreements; to (,';compromise, settle, release, arbitrate or accept arbitration of ','any debts or claims in favor of or against any trust created 'hereunder; to sue on behalf of my estate or any trust created ''hereunder and to defend any suit against the same. f. To vote, in person or by proxy, any stock or ~~' securities held hereunder, and to exercise or delegate all rights SHULMAN, ROGERS, GANDAL ~ C~ PORDY 6 ECKER, P.A. O ROCKVILLE, MD 20852-2743 ~~ and privileges (such as subscription rights and conversion privileges) and discretionary powers in connection therewith. g. To exercise any options or warrants for the purchase of securities; or, alternatively, not to exercise any ', such options or warrants (and allow them to lapse). h. To consent to and participate in any ~' reorganization, consolidation, merger, dissolution, sale, lease, mortgage, purchase or other action affecting any stock or ~'', securities held hereunder, and to make payments in connection ~'~ therewith . i. To deposit property with any protective, ~' reorganization or similar committee; to exercise or delegate discretionary powers in connection therewith; and to share in 1, paying the compensation and expenses of any such committee. j. To employ agents, attorneys, accountants, brokers, counsel (including investment counsel) or others, whether individual or corporate, and to pay their reasonable compensation and expenses. Any Trustee may serve in any such additional capacity and be reasonably compensated for services rendered and expenses incurred in such additional capacity. ~' k. To hold any property, real or personal, the name of a nominee, or in the name of any or all of my Trustees as Trustee, or to take stock or securities and keep ~'', same unregistered and in such condition that such stock or j securities will pass by delivery. in the 1. (i) In dividing or distributing the principal of any trust created hereunder, to make such division or distribution in money, in kind, or partly in money and partly in kind, or by allotting or assigning undivided interests in property, even if one or more shares be composed in whole or in part of property different in kind than that of any other share. ;, (ii) In making any payment or distribution 'I required or permitted hereunder, my Trustees may pay over and ';transfer the same in cash or in kind or partly in each, and to '';the extent in kind, my Trustees may select particular property ''~ and need not in any instance allocate particular issues of 'I securities or other assets on a pro rata basis. In exercising "„ the foregoing powers, my Trustees shall take into account such 'i considerations as my Trustees may deem relevant; the decision of '' my Trustees as to the property chosen for any such payment, SHULMAN, RO6ERS, GANDAL PORDY b ECKER, P.A. ROCKVILLE, MD 20H52-2743 ~~. distribution or division shall be binding and conclusive on all linterested persons. m. To make such divisions, distributions or advances, at any time and from time to time during the period of ''administration of my estate, of all or any part of the net income '~!.or principal of my estate as my Trustees deem appropriate. n. (i) To hold, in solido, for convenience of r constitutin the ion ro e t trat g '''I,investment and adminis p p y ~~,:principal of two or more trusts created hereunder, or to make ~,~oint or common investments in which the separate trusts shall ','have undivided interests. In addition to, and not in limitation ~~!of the foregoing, and to the extent permitted by law, if at any time my Trustees are holding property in any trust created Iii, hereunder for the primary benefit of any person or persons for i',whose primary benefit my Trustees are also holding property in L~any other trust under substantially the same terms, created by me ~~or by any other person under any other instrument, my Trustees !'may, in my Trustees' sole and absolute discretion, merge such ;;trusts and hold them as a single trust. (ii) To hold any property distributed to my Trustees hereunder in one or more separate trusts, either on identical terms or, to the extent that the terms of the trust are severable into distinctly separate shares, on terms reflecting such separate shares. Furthermore, if the Personal Representative directs any Trustee to hold a specified portion of a trust created hereunder as a separate trust, such Trustee shall hold such specified portion as a separate trust. Any such direction shall be effective as of the date of my death. '' (iii) To divide any trust, pro rata or non- ~'pro rata, created hereunder into two or more separate trusts ", (based on the fair market value of the trust assets at the time ''~~iof the division). If a trust is held as, or divided into, ~lseparate trusts, my Trustees may, at any time after such division ',;into separate trusts and/or prior to a combination of such !'trusts, (a) make different tax elections (including the I~;allocation of the generation-skipping transfer tax exemption) ~'~with respect to each separate trust, (b) pay or apply principal !!and/or income and exercise any other discretionary powers with 'respect to such separate trusts differently, (c) invest the ''''principal and/or income of such separate trusts differently, and (d) take any and all other actions consistent with such trusts 'being separate entities. Further, the donee of any power of '!appointment with respect to a trust so divided may exercise such SHULMAN, ROGERS, GANDAL ~ O PORDY 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 I ~''i j I !'',power differently with respect to the separate trusts created by ,the division. ! In connection with the foregoing, I ','anticipate that my Trustees may hold property as one or more '!,separate trusts or divided trusts hereunder for both tax and administrative reasons. o. To perform and carry out the provisions of any contracts or business agreements to which I was a party and which may be in force at the time of my death (including, but not limited to, agreements of general partnership, limited partnership, limited liability company, or joint venture, and agreements arising out of my interest as a member, an officer, director or stockholder of any corporation), and to renegotiate the terms of any such contracts or agreements; and to liquidate, reorganize or continue to operate any business (whether a sole proprietorship, general partnership, limited partnership, limited liability company, joint venture, corporation or other entity) in which I may have an interest at the time of my death, for such period of time (without regard to any statutory restriction or limitation), under such terms and conditions, with such other persons, and in such manner as my Trustees may determine, without liability for loss resulting from the continuance or operation of such business except loss resulting from my Trustees own willful default or gross negligence. My Trustees are authorized to have a personal interest (whether directly or indirectly) as partner, venturer, stockholder, owner or investor in, to be employed by, or otherwise to serve any business referred to herein, and to receive reasonable compensation for such employment or other services rendered to or for such business. p. To lend money to any beneficiary of any trust created hereunder, with or without security and with or without interest. 'i q. To renounce and disclaim, in whole or in part, any legal or beneficial interest in or power over any ;',property bequeathed, devised, distributed or transferred to my ! Trustees. r. Notwithstanding any other provision of this !,'!:Will, so long as any trust created hereunder includes any stock ''of an "S corporation" (as defined in the Code), my Trustees are '',specifically prohibited from doing any act, the commission or !'omission of which would voluntarily or involuntarily cause the '!termination of the election of such corporation and its SHULMAN, ROGERS, GANDAL ~ "~ PORDY & ECKER, P.A. ..L R OCKVILLE, MD 20852-2743 ',i stockholders under and pursuant to Subchapter S (Sections 1361 ~~! through 1379, inclusive} of the Code. i~ ''' s. To comply with environmental law issues that I~', arise in any trust created hereunder in the following manner: (i) To inspect and review any property held '~ by any trust created hereunder, including interests in sole '~~, proprietorships, partnerships, limited liability companies, '', corporations or other business enterprises and any assets owned ', by any such business enterprise, for the purpose of determining ', compliance with environmental laws affecting such property and to '~!; respond to a change in, or any actual or threatened violation of, ~'" such environmental laws affecting property held by any such '~, trust; (ii) To take, on behalf of any trust created Iii', hereunder, any action necessary or appropriate to respond to a j; change in, or to prevent, clean up, abate or otherwise remedy any actual or threatened violation of, any environmental laws affecting property held by my estate or any such trust, as the ~~ case may be, either before or after the initiation of an enforcement or other action by any governmental body or other !;~; party whatsoever; i ~. (iii) To refuse to receive or accept, as a !', part of the initial funding any trust created hereunder or as an {~~ addition of property to any such trust, any such property, if my it Trustees determine that such property (a) is or may be ~~~ contaminated by any hazardous substance (however such term may be it defined) , or (b) is being used or has been used for any activity directly or indirectly involving any hazardous substance which ';', could result in personal liability to my Trustees or liability to '~~ such trust or could otherwise impair the value of the assets held therein; '' (iv) To disclaim any power granted to my ~', Trustees under the terms of any document, statute, regulation or ~;' rule of law which, in the. sole discretion of my Trustees, causes my Trustees to believe that my Trustees may incur personal '' liability under any environmental law; (v) To charge all costs and expenses of any inspection, review, abatement, response, cleanup or remedial action undertaken hereunder (including, but not limited to, '~, reasonable legal fees, court costs, environmental reports or '' audit costs) against the income or principal of my estate or any ',' trust created hereunder. Neither the acceptance by my Trustees SHULMAN, ROGERS, GANDAL ~ 3 2 PORDY & ECKER,P.A. ROCKVILLE, MD 20852-2743 II I of any property nor a failure by my Trustees to inspect or review such property shall be deemed to create any inference whatsoever as to whether or not there is or may be any liability under any environmental law with respect to such property; and (vi) My Trustees shall not be personally liable to any beneficiary or other party for any decrease in value of the assets held in any trust created hereunder by reason of my Trustees' compliance with any environmental law, specifically including any reporting requirement under such law. (vii) For purposes of this "environmental law(s)" means any Federal, state rule, regulation, statute or ordinance relating the environment or human health, and "hazardous any substances defined as hazardous or toxic or regulated by such environmental laws. paragraph, or local law, to protection of substance" means otherwise t. After payment over and delivery sufficient to vest all legal and beneficial right, title and interest in the respective beneficiary of any such payment to the assets to be withdrawn, such trust shall terminate as to so much of the principal thereof as shall have been so paid over and delivered. Upon any discretionary payment or distribution made by my Trustees from the income and/or principal of any trust created hereunder, anything in this Will to the contrary notwithstanding, the interests of all succeeding beneficiaries in such payment or distribution, whether vested or contingent, shall be terminated and my Trustees shall be relieved of all liability in connection with such payment or distribution and shall not be required to account therefor in any manner. j u. To permit any person having any interest in '~~ the income of any trust to occupy any real property forming part ~~il of any trust upon such terms as they deem proper, whether rent- ,~free or in consideration of payment of taxes, insurance, !, maintenance and ordinary repairs, or otherwise. ~'! v. To insure the assets of any trust created hereunder against damage or loss and themselves against liability ~'' with respect to third persons. ~i !' w. To abandon any property, real or personal, which they deem to be worthless or not of sufficient value to warrant keeping or protecting; to abstain from payment of taxes, liens, water-rents, assessments, repairs, maintenance or upkeep '', of any such property; to permit any such property to be lost by SHULMAN, ROGERS, GANDAL PORDY & ECKER, P.A. ROCKVILLE, MD 20852-2743 ~~ ~, tax sale or other proceedings; or to convey any such property for ii a nominal consideration, or without consideration. SHULMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 20652-2743 ~~'! x. Any Trustee may compromise any tax assessed '~~ against any trust created hereunder. y. To deduct from the income of any trust ''' created hereunder reserves for taxes, assessments, insurance, ~~ repairs, depreciation, obsolescence, depletion, maintenance and ~G other anticipated expenses and to allocate such deductions between a trust and the income beneficiaries thereof in such it manner as they deem proper. z. To determine who are the distributees of any trust established hereunder, and in so doing act upon such information as on reasonable inquiry they may deem reliable with respect to heirship, relationship, survivorship, identity or any other fact relating to such distributees. aa. Whenever required to make a distribution or transfer of all or a part of the assets of any trust, to retain therefrom assets sufficient in my Trustees' judgment to cover any liability which may then or later be imposed upon my Trustees, including but not limited to my Trustees' liability for estate, inheritance, income or other taxes, until such liability shall have been finally determined. bb. (i) My Trustees shall not be required to make or file any inventory or appraisement or to make or file any annual or other reports or accounts to any court in any jurisdiction; and, in addition, any Trustee may accept such Trustee's appointment without a judicial settlement of the accounts of any predecessor Trustee. My Trustees shall account annually to each income beneficiary who has attained the age of eighteen (18) years and to the parents or guardians of any income beneficiary who has not attained the age of eighteen (18) years. (ii) Any income beneficiary and the parents !!or guardians of any income beneficiary who has not attained the ~'~,;age of eighteen (18) years shall have the power, at any time and ~~from time to time, by an instrument in writing signed and !I, acknowledged, to settle the account and the proceedings of any !,..;Trustee and any investment counsel to such Trustee as to all ;transactions shown therein, and such written approval shall be 'final and binding upon all persons, whether in being or not, who ';''are then or may thereafter become entitled to share in either the ',',principal or income of any trust created hereunder. 34 ~~ li is ~! cc. My Trustees shall not be required to obtain ,~! the order or approval of any court for any transaction affecting ;, ',~ any trust created hereunder, nor shall any person be required to ~~; inquire or investigate into my Trustees' authority for entering into such transaction, or to see the application made by my ~~I'; Trustees of the proceeds of any such transaction. dd. All of the rights, duties, powers, I! authorities, and immunities given to my Trustees in this Will shall continue after termination of the trusts created herein, ~~ ~' and until my Trustees shall have made actual distribution of all I', property held by my Trustees hereunder. ee. Notwithstanding any other provisions of this instrument, any Trustee acting hereunder may delegate, at any time or from time to time, any or all of such Trustee's rights, powers, duties, and authority to any other Trustee acting hereunder; provided, however, that any such delegating instrument shall be revocable at any time. ff. If more than one Trustee serves at any time, the signature of any one authorized Trustee shall be sufficient in exercising any of the powers referred to in this Will, and the signature of any one authorized Trustee shall be sufficient when endorsing or otherwise negotiating any checks, stock certificates, shares of investment trusts, stock or bond powers, or any of the other assets that may be held in any trust created hereunder from time to time. The provisions of this paragraph are included for ease of administration only and do not relieve any Trustee hereunder of such Trustee's duty to obtain the consent or concurrence of any other Trustee to any proposed action or in any other way alter or expand any of such Trustee's powers and discretions hereunder. gg. For convenience of administration and investment, my Trustees shall be authorized to hold, manage and invest separate trusts in one or more consolidated funds, in II whole or in part, as my Trustees may determine. As to each ', consolidated fund, the division as to the various shares !',~ comprising such fund need be made only on my Trustees' books of '~' accounts, in which each trust shall be allotted its proportionate share of the principal and income of the fund and charged with ~' its proportionate part of the expenses thereof. In addition, my ''~ Trustees may consolidate any trust or trusts created hereunder ''for the primary benefit of a beneficiary or beneficiaries with any other trust or trusts created by me or any member of my '!family by Will or agreement for the primary benefit of that same ''' beneficiary or beneficiaries where the dispositive provisions of SHVLMAN, ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 i ~~~ 35 ~~ I~~,the trusts are substantially identical, so as to have only one '!trust to administer for such beneficiary or beneficiaries.. hh. Whenever my Trustees determine that the size I'!;of an trust held hereunder does not warrant the cost of Y ;continuing the administration of such trust or that such trust's i'continued administration would be impractical or not in the best ~''~interests of the beneficiary for any other reason, my Trustees, !,I without further responsibility, may pay such trust to the person 'who is at that time entitled to or eligible to receive the income from such trust . ii. Generally, to do any and all acts and things ';and to execute any and all written documents or instruments with 'ilrespect to any property at any time held hereunder which my ;,Trustees would be entitled to do were such property owned ;'',outright and absolutely by my Trustees. j jj. All determinations by my Trustees as to any j~,act taken by my Trustees under my Will shall be in my Trustees' insole and absolute discretion. C. Rule Against Perpetuities: As provided in Section 11- il jj102 of the Estates and Trusts Article of the Annotated Code of j; Maryland, or any successor Section thereof, the rule against ~''~,perpetuities does not apply to any trust created under this Will. ~i Ii ARTICLE EIGHTH: DEFINITIONS AND MISCELLANEOUS PROVISIONS: A. As used in this Will, the words "Personal Representative", "Personal Representatives", "Trustee" and ~''"`Trustees", and all pronouns and verbs used herein, shall 'iinclude, where appropriate, the singular, the plural, the masculine, the feminine and the neuter. B. As used in this Will, the terms "fiduciary" or '"fiduciaries" shall include any Personal Representative or 'Trustee, as the case may be, serving hereunder. SMULM AN, ROGERS, GANDAL 3 6 PORDY S ECKER, P.A. ROCKVILLE, MD 20852-2743 ~~ !', i' ~' ~'; C. As used in this Will, the term "education" shall include, all tuition, travel, room, board and other costs and expenses related to preparatory or boarding school, college, !! graduate school, professional school or special, vocational, ~ business, and professional training, as well as any art, literary i I'!'~, or similar education, whether or not at an accredited college or ~'~, university. '~ D. As used in this Will, the term "health" shall include, 'gall medical, psychiatric, dental, hospital and nursing expenses and expenses of invalidism and the payment of the expenses of any ~,~illness (whether physical or mental), accident or health ;emergency. E. As used in this Will, the term "Code" shall mean the i ,Internal Revenue Code of 1986, as amended up to the time of my ;death, or any corresponding provisions of any succeeding law, and zany reference to any "Section" of the Code shall refer to that Section, as amended up to the time of my death, of the Code or !an corres onding provisions of any succeeding law. Y p F. For purposes of this Will, a person in gestation who is ',later born alive shall be considered a person in being. G. The headings, titles, and subtitles in this Will have been inserted solely for convenient reference and shall be ''ignored in the construction of my Will. SHULMAN, ROGERS, GANDAL ~I 3 7 PORDY S ECKER,P.A. ROCKVILLE, MD 20852-2743 ~I I, II H. If any provision of this Will or any trust created ~'~ hereunder, or the application of such provision to any person or I'~' circumstance, shall be held invalid or unenforceable, the !' remainder of this Will or such trust or the application of such ';,provision to persons or circumstances other than those to which ''pit is held invalid or unenforceable, shall not be affected jthereby. IN WITNESS WHEREOF, I have subscribed and sealed and do (publish and declare this instrument to be my Last Will and ',Testament, in the presence of the witnesses attesting the same at my request , this ~o day of ~~rt. in the year two thousand I! three (2003) . [SEAL ] MARY L INE SHULMAN,ROGERS, GANDAL PORDY 6 ECKER, P.A. ROCKVILLE, MD 20852-2743 i' 38 ' * i': This instrument, consisting of thirty-nine (39) pages, including the page on which we, the undersigned, have subscribed our names as witnesses, were at the date thereof subscribed, sealed, published and declared by MARY LEVINE, the aforesaid Testatrix, to be her Last Will and Testament, in the presence of us and each of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto (the final clause of the Will having been read aloud to us by the aforesaid Testatrix immediately after she had signed the Will, and this clause having been thereupon read aloud her and our presence and hearing), this ~_-day of two thousand three (2003). Signature -- ' ~ G~%' , ~ i nature ~Si ature C i~ ~- Sow ~-- 11921 Rockville Fjiike, Suite 300 Rockville, Ma2o852 Name and Address ~._ Gt, /~ P/~~ ~- h t~~ - ' ,Vy ~- i.' ~ 11921 Rockville Pike, Suite 300 ~oGk~ti,.~,~, n ~r~a~~ Name and Address Renee M Seager 5500 Griffith Road I_aytonsville, Maryland 20882 Name and Address SHULMAN, ROGERS, GANOAL 3 9 PORDY & ECKER, P.A. ROCKVILLE, MD 20652-2743 , STATE OF ~~~ `('~„Yl~ ) l ) ss. COUNTY OF ~ ) i Before me, the undersigned authority, on this day personally II ~ a e d MARY LEVINE , ~ ~ Y~. i ~ Q , pP ~; and known to me to be the Tes t rix and the witnesses, re pectively, whose names are signed to the ', foregoing instrument and, all of these persons being by me first ~' duly sworn, MARY LEVINE, the Testatrix, declared to me and to the 'I'; witnesses in my presence that said instrument is her Last Will j! and Testament and that she had willingly signed or directed ~!~~ another to sign the same for her, and executed it in the presence ~! of said witnesses as her free and voluntary act for the purposes therein expressed; that said witnesses stated before me that the ',;foregoing Last Will and Testament was executed and acknowledged ~~;by the Testatrix as her Last Will and Testament in the presence '~I of said witnesses who, in her presence and at her request, and in ii the presence of each other, did subscribe their names thereto as attesting witnesses on the date of said Last Will and Testament; ~~Iand that the Testatrix, at the time of the execution of said Last i~Will and Testament, was over the age of eighteen (18) years and of sound and disposing mind and memory. '' ( SEAL) j' MARY E Testatrix I'i Witness Subscribed, sworn and acknowledged before me by MARY LEVINE, lithe Testatrix, and subscribed and sworn before me by ~; r~ and I,, witnesses, this day of '~' '-~ 2003 S"'~ ,~ ~~ NOTARY PUBLIC 01 FREDERICK COUNTY ' t,~T~fi~~F11~~1q~11D Notary Public CO~~. EXP. 9-1-05 M Commission Ex fires __._~. „_..__ .____ _ ___ . _. __~.___ _. y p - l -b5 ''~ G:\ESTRTES\WILLS\Levine-Mary4.wpd SHULMAN, ROGERS, GANDAL (~ 0 PORDY & ECKER, P.A. R OCKVILLE, MD 20852-2743 j '~.