HomeMy WebLinkAbout10-9-12PETITION 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 requests the grant of Letters in the appropriate form:
Decedent's Information
Name: Gerald J. Hartman
a/k/a:
a/k/a:
a/k/a:
Date of Death: 10/03/2012
File No: 21 °~" ~.- ~~
(Assigned by Regi
Age at Death: 91
Decedent was domiciled at death in Cumberland County, PA (State) with his/her last
principal residence at 5285 Dogwood Court Lower Allen Township Cumberland
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died at 5285 Dogwood Court Lower Allen Township 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.)
TOTAL ESTIMATED VALUE$
450,000.00
Street address, Post Office and Zip Code
450,000.00
City, Township or Borough
Q A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated
thereto dated
County
02/12/2004 and Codicil(s)
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not mar ,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.
^X NO EXCEPTIONS ^ EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable)
c. t. a.; .n.; .n. c. t. a.; pe ente ite; urante a sentta; urante mrnontate
If Administration, c.ta 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 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.
^X NO EXCEPTIONS ^ EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach
additional sheets, if necessary):
Name Relationship Address
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Form RW-OZ rev. 10-11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland ~
Official Use Only
Petitioner(s) Printed Name Petitioner(s) Printed Address
Judith Hartman (aka Sister Sharon) 2160 Warrensville Rd.
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Montoursville, PA 17754 C7 ~-=-
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Gary G. Hartman P.O. Box 17119 ~ -r,. ~ ., ~ ~:`.
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Snowmass Village, CO 81615 ~. --` ~ r-.+ "~ ~ t
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The Petitioner(s) above-named swear(s) or affirm(s) the statements In the toregoing Netltlon are true ana correct to the nest or the Knowieoye driu
belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent, Petltl Her(s) will well and truly administer the estate accordin to I
<T ~' l~ i ° 9 ~ Z-
Sworn to ffirmed and scribed _for Date
me this ~ Lhd y of ~/ ~ " -~ ~~ Date ~ 1;1 / l~
By: + Date
o e egister Date
BOND Required? ~ Yes ~X No
FEES
Letters ..........................................
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( ~) Short Certificate(s)........ .. ~ Oc?
( )Renunciation(s) ............. ..
( )Codicil(s) ........................ .
( )Affidavit(s) ..................... ..
Bond ............................................. .
Commission ................................. ..
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Automation Fee ........................... .. _ t,G~
JCS Fee ....................................... .. %._
TOTAL ......................................... . ._
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Estate of Gerald J. Hartman
a/k/a:
To the Register of Wills:
riease enter my appearance uy my siyna~urC uCww.
Attorney Sig ure:
Printed Name: Richard E Connell Esq
Supreme Court
ID Number: 21542
Firm Name: Ball, Murren 8~ Connell
Address: 2303 Market Street
Camp Hill, PA 17011
Phone: 7171232-8731
Fax: 717/232-2142
E-mail: connell@bmc-law.net
DECREE OF THE REGISTER
Date of Death:
Social Security No:
File No:
10/03/2012
168-18-6753
AND NOW, , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Judith Hartman (aka Sister Sharon) and Gary G. Hartman
in the above estate and (if applicable) that the instrument(s) dated 02/1212004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
Form RW-02 rev. ~0-~~-20~~
Register of Wills
Copyright (c) 2011 form software only The Lackner Group, Inc.
Page 2 of 2
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1111 ~~, Ir'. 'P.+ M ~ =4 _ - 3. ~i~v_ ~a~", ~d i.~~I
/Print In COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
nanent CERTIFICATE OF DEATH
ick Ink State File Number:
1. Decedent's legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number 4. Date of Death (MO/Day/Vr) (Spell Mo)
Gerald Hartman Male ctober 3, 2012
6a. Age-Last Birthday (Vrs) Sb. Under 1 Year Sc. Under 1 Da 6. Date of Birth (Mo/D ay/Vearj (Spel l Month) 7a Birthplace (City and State or Foreign Country)
Months Days Hours Minutes Allentown, PA
91 March 15, 1921 7b. Birthplace (County) ig
Ba. Residence (State or Foreign Country) 86. Residence (Street and Number -Include Apl No.) 8c. Did Decedent Live in a Totp!rtship?
Penns 1Vanld
5285 Dogwood Court r Allen
g1Ves, decedent lived in LOWe twp.
Bd. Residence (County)
Cumberland Be. Residence (Zip Code) 17055 ^ No, decedent lived within limits of uty/boro.
9. Ever in US Armed Forces? 10. Marital Status at time of Death ~ Married ^ Widowed 11. Surviving Spouse's Name (If wife, glue name Drior to first marriage)
Yes ^No ^Unknown ^Dlvorced ^Never Married ^Unknown SOllta L. COOk
12. Father's Name (First, Middle, Last, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, last)
Jonas Hartman Marie Schmidt
14a. Informant's Name 14b. Relationship to Decedent 14c. Informant's Mailing Address (Street and Number, Ci[y, State, Zip Code
o Hartman Son PO Box 17119 Snowmass Village, CO 81615
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. 16a. Place o Deat Chec onl one
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I(Death Otturred In a Hospital: ~ Inpatient ~ ....
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If Death Occurred Somewhere Other Than a Hospital: [c] Hospice Facility pJ Decedent's Home
~ ^ Emergency Room/Outpatient ^ Dead on Arrival
. ^ Nursing Home/long-Term Care Facility ^ Other (Specify)
16b. Facility Name (If not institution, give street and number; lSc. City or Town, State, and Zip Code 16d. County of Death
5285 Dogwood Court Mechanicsburg, PA 17055 Cumberland
~, 16a, Method of Disposition ^ Burial ^ Cremation 16b. Date of Disposition 16c. Place of Disposition (Name of cemetery, crematory, or other place)
m ^ Removal from State ^ Donation
°i Other (Specify) )~tocnbment 10/8/2012 t of Heaven Cemetery
~ 16d. Location of Disposition (City or Town, State, and Zip) 17a. Sig ature o uner - erv ce a or Person in Charge of Interment
~
~ 17b. License Number
Mechanicsburg, PA 17055 ~ - FD 013239 L
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1Nei~`land~~pl~aq~drel-sIs~~,era2FnC.y 3401 MaZ'kE~ St. Camp Hill, PA 17011
m 18. Decedent's EducaUOn -Check [he box that best describes [he 19. Decedent of Hispanic Origin -Check [he 20. Decedent's Race -Check ONE Oft MORE races to Indicate what
° 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.
^ 8th grade or less is Spanish/Hispanic/latino. Check the "No" ~ White ^ Korean
^ No diploma, 9th - 12th grade box if decedent is not Spanish/Hispanic/latino. ^ Black or African American ^ Vietnamese
^ High school graduate or GED completed No, not Spanish/Hispanic/Latinp ^ American Indian or Alaska Native ^ Other Asian
Some college credit, but no degree ^Ves, Mexican, Mexican American, Chicano ^ Asian Indian ^ Native Hawaiian
^ Associate degree (e.g. AA, AS) ^Ves, Puerto Rican ^ Chinese ^ Guamanian or Chamorro
^ Bachelor's degree (e.g. BA, AB, BSI ^Ves, Cuban ^ Filipino ^ Samoan
^ Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA) ^Ves, other Spanish/Hispanic/latino ^ Japanese ^ Other Pacific Islander
^ Doctorate (e.g. PhD, EdD) or Professional degree (Specify) ^ Other Specify)
e.. MO DDS, DVM, LLB, 10
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 ^ lapanese ^ Samoan done during most of working life. DO NOT USE RETIRED.
^ Black orAfrlcanAmerican ^ Korean ^ OtherPacificlslander ASSlstant Vice President
^ American Indian or Alaska Native ^ Vietnamese ^ Don't Know/Not Sure 'C 1 ff it
^ Asian Indian ^ Other Asian ^ Refused 226. Kind of Business/Industry
^ Chinese ^ Native Hawaiian ^ other (Specify)
^ Filipino ^ Guamanian or Chamorro Carmunications
ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (Mo/Day/Vr) 236. Signature of Person Pronouncing Death (Only when applicable] 23c. License Number
BY PERSON WHO PRONOUNCES OR
CERTIFIES DEATH
10 03 12
23d. Date Signed (MO/Day/Vr) 24. Time of Death
Approx 9:22 PM 25 Was Medicat Examiner or Coroner Contacted? ~ Ves ^ No
CAUSE OF DEATH Approximate
26. Part I. Enter the chain of events--diseases, injuries, or complications--that directly caused the death. DO NO7 enter terminal events such as cardiac arrest Interval:
respiratory arrest, or venViculai fibrillation without showing the etiology DO NOT ABBREVIATE. Enter Doty one cause on a line. Add additional lines if necessary Onset to Death
IMMEDIATE CAUSE --~~~-~----> a ~~Lt.lr1 //-P'(Jt~ GJLc~~ ~ --~
(Final disease or condition Due to for as a consequence oF).
resulting in death)
b ___ __
Sequentially list conditions, Due to for as a consequence of).
it any, leading [o the cause
listed on line a. Enter the
UNDERLYING CAUSE Due to (or as a consequence of):
(disease or injury that
- initiated the events resulting d.
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in death) LAST. Due to (or as a consequence of):
~ 26. Part II. Enter other significant conditions contributing to death but no[ resulting In the underlying cause given in Part I 27. Was an autopsy performed?
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~ 28. Were autopsy findings available
to complete the cause of death?
^ Ves ^ No
d 29. If Female: 30. Did Tohacco Use Contribute to DeathT 31. Manner of Death
E ^ Not pregnant within past year ^Ves ^ Probably '~, Natural ^ Homicide
u° ^ Pregnant at time of death '~ No ^Unknown ^ Accident ^ Pending Investigation
m ^ Not pregnant, but pregnant within 42 days of death ^ Suicide ^ Could not be determined
~ ^ No[ pregnant, but pregnant d3 days to 1 year before death 32. Dale of Injury (MO/Day/Vr) (Spell Month)
^ 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, Zlp Code)
36. Injury at Work 37. If Transportation Injury, Specify: 38. Describe How Injury Occurred:
^ Ves ^ Driver/Operator ^ Pedestrian
^ No ^ Passenger ^ Other (Specify)
39a. Certifier (Check only one):
eath occurred due to the cause(s) and manner stated
Certifying physician - To the best of my knowledge
~
^ Pronouncing & Certifying physician - the bes my knowledge, death occurred at the time, date, and place, and due to [he cause(s) and manner stated
curred at the time, date, and place, and due to the cause(s) and manner stated
c
^ Medical Examiner/Coroner - e b of amina[ion, and/or investigation, in my opinion, death o
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Signature of certifier: ~ title of certifier: /l'Li'/ License Number: /1'{ r~U/H ~( L,) r
39b. Name, Address and Zlp Code of Person Completing Cause of Death (Item 26) 39c. Date Signed (MO/Day/Vr)
i~t.;ayF4 !S• G :1/I~G' 1'k f7 i~c ~ %IL'c' qrc I IJ-r'!f ~ r7v iT ~ ,'f 2tY/2
40. Registrar's District Number 41. R
egisyar' natu e / 42. Regi trar File Date (Mo/Day/Yr)
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43. Amendments
C ~ ~ ~ ,rte ~ ~ H 105-143
Disposition Permit No. r7l REV 07/2011
LAST WILL AND TESTAMENT
OF
GERALD J. HARTMAN
KNOW ALL MEN BY THESE PRESENTS, that I, GERALD J.
HARTMAN, presently residing at 133 Deerfield Road, Lower Allen Township,
Cumberland County, Pennsylvania, do hereby make, declare and publish this as my Last
Will and Testament, hereby revoking all former Wills and Codicils heretofore made by
me at any time.
I. Payment of Expenses. I direct that my Executrix, hereinafter named shall have the
power, but not the duty, to pay all my just debts, expenses of my last illness, and funeral
expenses from my estate as soon after my death as shall be found convenient.
GIFTS
II. Personal and Household Effects.
(a) I bequeath my automobiles, household and personal effects ,including such
household goods, if any, as may be my individual property and not the property of my
wife, SOLITA L. HARTMAN, or owned jointly by me with her, and other tangible
personalty of like nature (not including cash or securities), together with any existing
insurance thereon, to my wife, SOLITA L. HARTMAN, if she survives me by thirty (30)
days.
(b) Should my wife, SOLITA L. HARTMAN, predecease me or not be living
on the thirty-first day after my death, I bequeath such tangible personalty and insurance
thereon to my issue, per stapes, living on the thirty-first day after my death, to be divided
among them by my Co-Executors with due regard for their personal preferences in as
nearly equal shares as practical, provided, however, in the absence of agreement or if any
of them is a minor, then as my Co-Executors deem appropriate; provided that articles not
so divided shall thereafter be disposed of by my Co-Executors by public sale or in such
manner as my Co-Executors shall select and all proceeds therefrom shall form a part of
the residue of my estate hereinafter disposed of. I direct that the expense of packing,
shipping, insuring, and delivering any such property to a beneficiary entitled th reto shall :~~
be paid by the Co-Executors as an administrative expense of my estate. ~
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I intend to leave a memorandum setting forth suggestions as to the distribution of
certain items, and while the memorandum is not to be legally binding, I hope that
suggestions in it will be carried out.
III. Rest, Residue and Remainder:
A. Gift to Spouse. I give, devise and bequeath the rest, residue and remainder
of my estate, whether real, personal or mixed and of any nature whatsoever and wherever
situated, to my beloved wife, SOLITA L. HARTMAN, if she survives me by thirty (30)
days.
B. Specific Bequests. If my wife should predecease me or not be living on the
thirty-first (31St) day after my death, I give the following gifts to the individuals named
provided however that for any individual then below the age ~~f thirty (30) years, the
share shall be held, IN SEPARATE TRUST, by my 'Trustee, herein named, as provided
below:
KEITH NEIJSTROM (my grandson) -Five Thousand ($5,000) Dollars; and
Ten Thousand ($10,000) Dollars each to the following:
KATRINA NEIJSTROM GIARDINO
KEVIN NEIJSTROM
KENNY NEIJSTROM
KERRY NEIJSTROM
KAREN NEIJSTROM
JEFFREY HARTMAN
BRIAN HARTMAN
KIMBERLY HARTMAN
(my granddaughter);
(my grandson);
(my grandson);
(my granddaughter);
(my granddaughter);
(my grandson);
(my grandson);
(my granddaughter);
The amount for my grandson, Keith, is intentional and not an oversight. The
$5,000 bequest above-mentioned shall be the only gift to him.
1. For any trust created for any beneficiary above listed below the age of thirty
(30) years, the income of the trust shall be accumulated. The principal and
income of such Trust may be distributed by the Trustee at his sole discretion
from time to time for the beneficiary's support, maintenance or education
without regard to his or her ability to pay. The Trustee shall have no further
responsibility for any funds so paid or applied.
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2. The beneficiary of a separate trust shall have the right to withdraw the entire
balance (principal and accumulated income) thereof at any time after reaching
thirty (30) years of age.
3. If any of the beneficiaries for whom a Trust has been established above shall
predecease me or die before distribution of any share to which they would
have been entitled had they survived, the respective share shall be paid:
1) To his/her then living descendants, per stirpes; or in default
of such descendants,
2) To my then living descendants, per stirpes (any portion thus
accruing to a child for whom principal is then held in trust
hereunder to be added to and thereafter treated as part of such
principal).
C. Residue. If my wife, SOLITA L. HARTMAN, predeceases me, or is not
living on the thirty-first (31St) day after my death, I give, devise and bequeath all the rest,
residue and remainder of my estate after the specific bequests above-made in III. B.,
whether real, personal or mixed, as follows:
1. If the rest, residue and remainder of my net estate after specific bequests
above-provided plus taxes, debts and expenses and allowable deductions
exceeds Five Hundred Thousand ($500,000) Dollars I give the sum of Five
Thousand ($5,000) Dollars each to the following charitable entities or their
successors:
SALVATION ARMY, 1122 Green Street, Harrisburg, PA 17102;
AMERICAN RED CROSS (local chapter), 1804 N. 6th Street,
Harrisburg, PA;
CATHOLIC RELIEF SERVICES, P.O. Box 17090, Baltimore,
MD 21203-7090;
CFCA (CHRISTIAN FOUNDATION for CHILDREN and AGING),
One Elmwood Drive, Kansas City, KS 66103;
HELPING HANDS for HONDURAS, 3700 Big Ben Road, Virginia
Beach, VA 23542.
Should any of the named charities not be in existence at the time of my death
and have no successor entity whether by merger or acquisition, their share
shall be distributed proportionately among the other charitable beneficiaries
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identified in this paragraph.
2. If my net estate as above described in III. C. 1 does not exceed Five Hundred
Thousand ($500,000) Dollars, the charitable gifts are not payable. The
determination of the value of the net estate is at the sole discretion of the Co-
Executors, and their calculation shall be deemed final. If any charity named
challenges the determination of the net value of the estate, the gift to it shall
be cancelled. Should the Attorney General challenge the determination of the
net value of the estate, all charitable gifts provided for above are cancelled.
3. The rest, residue and remainder of my estate after the gifts set forth in III. B.
and payment, if any, of the possible gifts in III. C. 1 and 2, shall be divided in
the following proportions: 16 2/3 % to my son, GARY HARTMAN; 33 1/3
payable to my Trustee, IN TRUST, for the benefit of my daughter, JUDITH;
and 50% to my Trustee, IN TRUST, for my daughter JOAN, under the terms
and circumstances provided herein.
a) The income from the trust for the benefit of JUDITH is to
accumulated and invested as part of the trust corpus. If JUDITH
leaves the religious order of which she is now a member (or any
successor religious order of the Sisters of Christian Charity), the
trustee shall pay to her the principal and accumulated income
from the trust and the trust shall end. If my daughter, JUDITH,
remains a member of the religious congregation until her death,
then, upon her death, the trust corpus, including principal and
accumulated income, shall be paid to the Sisters of Christian
Charity, Mallinckrodt Convent, Mendham, New Jersey (or the
successors to that religious congregation).
b) The trust created under this paragraph for my daughter,
JOAN, shall be used for the following purposes: 1) the income
from the trust shall be payable to her on aquarter-annual or such
other convenient basis as the trustee determines; 2) the principal
shall, on an annual basis, on the anniversary of my death, be
payable to her in fractional shares beginning at 1/15 for the first
year, 1 / 14 for the second year, 1 / 13 for the third year, and so on,
until, on the fifteen anniversary of my death, the entire balance of
the trust, including principal and accumulated interest, shall be
payable outright to JOAN and the trust shall then terminate.
c) If my son, Gary, predeceases me, his share shall be paid as
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follows:
1) To his then living descendants, per stirpes, or in default
of such descendants,
2) To my living descendants, per stirpes.
d) If my daughter, Joan, predeceases me or dies before her trust has been
fully paid, her share or the remainder of her trust shall be paid as follows:
1) To her living descendants, per stirpes, or in default of
such descendants,
2) To my living descendants, per stirpes.
IV. Power of Appointment. No provisions of this Will shall exercise any power of
appointment I may have.
V. Adopted Persons. For the purposes of this Will, adopted persons shall be
considered children of their adoptive parents, and they and their descendants shall be
considered descendants of their adoptive parents, regardless of the date of adoption.
FIDUCIARIES
VI. Executrix: I hereby nominate, constitute and appoint my wife, SOLITA L.
HARTMAN, as Executrix of this, my last Will and Testament. In the event that my said
wife shall predecease me, or be unwilling or unable to act as Executrix, then I nominate,
constitute and appoint my son, GARY G. HARTMAN, and my daughter, JUDITH
HARTMAN (a.k.a. SISTER SHARON OF THE SISTERS OF CHARITY), as Co-
Executors of this my Last Will and Testament.
VII. Trustee. I hereby nominate, constitute and appoint my son, GARY G.
HARTMAN, as Trustee of the Trust or Trusts created by this Will. If Gary is unable or
unwilling to serve, I name DONALD A. HARTMAN, my brother as Trustee of the
Trusts.
VIII. Bond. I direct that my Executrix or her successors, any Trustee appointed
hereunder or successor and any guardian appointed hereunder shall not be required to
give bond or other security for the faithful performance of their duties in any jurisdiction.
IX. Resi ng ation. Any individual Executrix (Executor) may resign at any time without
court approval.
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X. Compensation. No compensation shall be paid from the estate to my Executrix
(Executor). However, expenses incurred in the performance of their duties are
reimbursable.
XI. Protective Provisions. To the extent permitted by law, the interest of beneficiaries
in principal or income shall not be subject to the claims of their creditors and others, nor
to legal process, and shall not be voluntarily or involuntarily alienated or encumbered,
except that nothing in this article shall preclude the assignment of all or any part of a
beneficiary's interest to his descendants. Further, exceptions may be made if my Trustee
approves.
XII. Early Ending of Trusts: The Trustee, at his discretion, may exhaust all of the
principal and income in carrying out the purposes of the Trusts herein created and should
the amount held in trust be or become so small as to make it impractical or economically
unfeasible to continue holding any amount in trust, the Trustee may pay the total amount
of said Trust directly to the beneficiary of such Trust.
XIII. Management Provisions: My Executrix and Trustee shall have, in addition to the
powers and authority conferred upon them by law, the following additional powers and
authority:
A. Sell/Lease: To sell at public or private sale, exchange, lease, mortgage or
pledge any property, real or personal, at any time, and upon such terms and conditions as
they shall deem wise.
B. Retain/Invest: To retain and to invest in all forms of real and personal
property, including common trust funds, mutual funds and money market deposit
accounts regardless of any limitations imposed by law on investments by executors or
trustees, or any principle of law concerning investment diversification.
C. Title to Property: To cause any security or other property which may
constitute a portion of a Trust to be issued, held or registered in their own name, or in the
name of a nominee, or in such form that title will pass by delivery.
D. Capital Changes: To consent to the reorganization, consolidation,
readjustment of the financial structure, or sale of the assets of any corporation or other
organization, the securities of which constitute a portion of a Trust or of my estate, and to
take any action with reference to such securities which, in the opinion of the Trustee of
Executrix is necessary to obtain the benefit of any such reorganization, consolidation,
readjustment or sale; to exercise any conversion privilege or subscription right given to
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them as the owner of any securities constituting a portion of a Trust or of my Estate; to
accept and hold as a portion of a Trust or of my Estate securities resulting from any
reorganization, consolidation, readjustment, sale, conversion or subscription.
E. Expense of Trust or Estate: To pay all costs, taxes, charges and expenses
in connection with the administration of a Trust or of my Estate.
F. Allocate: To determine what is "income" and what is "principal"
hereunder, and their decision thereon shall be final; and to purchase securities at a
premium or discount, and to apply or charge said premium or discount against income or
principal as the Trustee or Executrix may determine.
G. Borrow: To borrow money from any person, firm or corporation, for the
purpose of protecting and preserving or improving my Trust or Estate hereunder; to
execute promissory notes or other obligations for amounts so borrowed.
TAX PROVISIONS
XIV. Marital Deduction. No property ineligible for the marital deduction shall be used
to satisfy that deduction. Property distributed in kind in satisfaction of the marital
deduction shall be distributed at the lower of (i) its value at the time of distribution and
(ii) its adjusted Federal Income Tax basis. Subject to the foregoing, my Executrix shall
have absolute discretion in selecting the property to be allocated to the Marital
Deduction. In calculating the amount of the marital deduction, (i) all other property
which qualifies for the marital deduction and (ii) all other deductions and credits which
are allowed in the calculation of the federal estate tax in my estate shall be considered
first. However, credits will be used only to the extent that their use will not increase the
death taxes on my estate.
XV. Death Taxes. I direct that all transfer and inheritance taxes, state or Federal
assessed because of my death, whether the funds, property or insurance proceeds to
which such taxes are attributable pass under this Will or not, shall be paid out of my
residuary estate; that my Executrix pay, or provide for payment of all such taxes at such
time or times, and in such manner as my Executrix deems best.
XVI. Tax Options. I authorize my Executrix:
A. Death Taxes. To exercise any options available in determining and
paying death taxes in my estate;
B. Income Taxes. To join with my wife in filing a joint income tax
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return; and
C. Gift Taxes. To consent to any gifts made by my wife being treated
as having been made one-half by me for the purpose of laws relating
to gift tax.
IN WITNESS WHEREOF, I, GERALD J. HARTMAN, the Testator of this, my
Last Will and Testament, typewritten on nine (9) sheets of paper which I have identified
at the bottom of each page by my signature, hereunto set my hand and seal the
day of f ~~:,~~~r ~,~_ , 2004.
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GERA J. HARTMAN
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The preceding instrument consisting of this and eight (8) other typewritten pages
each identified by the signature of the Testator, GERALD J. HARTMAN, was on this
day and date thereof signed, published and declared by GERALD J. HARTMAN, the
Testator therein named, as and for his Last Will, in the presence of us who, at his request,
in his presence, and in the presence of each other have subscribed our names as
witnesses.
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
I, GERALD J. HARTMAN, Testator whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as my Last Will; that I signed it
willingly; and that I signed it as my free and voluntary act for the purposes therein
expressed.
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GERALD J. RTMAN
Sworn or affirmed to and acknowled ed before me, by GERALD J.
HARTMAN, the Testator, this /~ ~ day of , 2004.
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Notary Public
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
We, //'uc ~ ~ers~n y~e.~' ,and ~4ura ~~ . ~ u~~ larl
and o,Has ( ,the witnesses whose names are si ned to the
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attached or foregoin ~'tfument, being duly qualified according to law, do depose and
say that we were present and saw GERALD J. HARTMAN, sign and execute the
instrument as his Last Will; that he signed willingly and that he executed it as his free and
voluntary act for the purposes therein expressed; that each of us, in the hearing and sight
of the Testator signed the Will as witnesses; and that to the best of our knowledge, the
Testator was at that time eighteen or more years of age, of sound mind and under no
constraint or undue influence.
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Sworn or affirmed to and subscribed to before me by //'acy ~ ,
/~au ra ~ . .~.~ a ~'n /u~ ,and ~ho~tas ,4. / ~Q~r¢.f ,witnesses
this ~,~ s~ day of /-~e~~ua~ , 2004.
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