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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information
Name: Clvde L. Strock File No: (~ I _ ~ ~ -" ~ ~ ~"
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No: 204-30-5371
Date of Death: Aaril4, 2012 Age at death: 88
Decedent was domiciled at death in Cumberland County, penngylvania (State) with his/her last
principal residence at 791 Williams Grove Road 17055 Mechanicsbure Uooer Allen Townshi o Cumberland
Street address, Post Ofitce and Zip Code City, Township ar Borough County
Decedent died at 791 Williams Grove Road. 17055 Mechanicsbure Uoper Allen Townshio Cumberland PA
Street address, Post Omce and Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death:
/fdomiciled in Pennsy[vania ........................... . All personal property $ 40.000.00
/f not domiciled in Pennsylvania ....................... . Personal property in Pennsylvania $
/jnot domiciled in Pennsylvania ....................... . Personal property in County $
Value of real estate in Pennsylvania ..................... .................................... $ ~ 00
TOTAL ESTIMATED VALUE.... $ 40.000 00
Real estate in Pennsylvania situated at:
(Attoch additional sheets, ifnecessmyJ
Street address, Post Ofnce 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 July 25, 2000 and Codicil(s)
thereto dated none
State relevant circumstances (e.g. renssnclation, death of executor, etc.)
Except as follows: after the execution of the instmment(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child bom or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS O EXCEPTIONS
^ B. Petition for Grant of Letters of Administration ([f applicable/
c.t. a., d. b. n., db. n. c. t.a., pendente lite, durante absentia, durante minoritate
If Administration, c.t.a. ord. 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(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS O EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no W ill and was survived by the foll~sr'iinW pouse
addidional sheets, if necessary): W X77
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For,n HW-nz rev. r¢u~zon Page 1 of t
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
}
} SS:
Official Use Only
EC~R~1rG 0~"1^E ~F
c
Petitioner(s) Printed Name Petitione s Printed Address ~ V
Mabel L. Strock 791 Williams Grove Road Mechanicsbur PA 17055 ~ l i
CLERK C=
ORPHANS' CO;;RT
V .,
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and wrzect to the best ofthe knowledge and belief
of Petitioner(s) and that, as Personal Representative(s) of the Decedent, the Petitioner(s) will well and truly administer the estate according to law.
Sworn to or_affirmed subscribed before ~ ~'L~G-~L~ ~. ~~ Date % ~- z ~
me thi ~ P-'~~ Date
By ~ Date
.Fo the Register
r1/ Date
BOND Required: Q YES ,F] NO Ta rke Register aj Wi!!s:
FEES: ZZZ ___ Please enter my appearance by my signature below:
Letters ................... ... $~_
( 3) Short Certificate(s)... .. , ~~,
( )Renunciation(s)...... .. .
( )Codicil(s) .......... .. .
( )Affidavit(s)......... .. .
Bond ..................... ...
Commission. .
Other ..,, ,. IS
Automation Fee .............
JCS Fee. . ..
TOTAL ................... .. $
ly
Attorney Signature:
~~
7
Printed Name: T
Gary J. Heim
Supreme Court
ID Number: 32774
Firm Name: Persun & Heim, P.C.
Address: 1700 Rent ('reek Rn levard C 'r 1 h0
1Mechanicshi r~ PA 170 0
(717)620-2440
(7171620-2442
,~~ rim Cd^ h '
DECREE OF THE REGISTER
Estate of Clyde L. Strock File No: ~~ - ~ ~ - ~ 30~ 2
a/k/a:
AND NOW, d ~ la , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentar
are hereby granted to Mabel L. Strock
in the above estate and (if pplicable) that
the instrument(s) dated July 25. 2000
described in the Petition be admitted to probate and filed o~ord as the last ~Vill~and Codicil(s)) De dent
Ke'gister of Wills ~ ~/ ~
Form R4K02 rev. 10/l //ZOl! PagC 2 Of 2
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
RECORDED OFFICE OF
Pee for this certificate, ~6.~EG~ST~~ DY ;d'~i $
zo~~ DEC zo A~~ , os
CLERK G+i~
__ P 18 ~. ~ 5 ~tI~F~HANS' CCUR?'
CertiFicadon Num~'~FMBERLAND CO., PA
elRr~
This is to certify that the information here given i~
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the Stare Vital
Recordr, Oftice for permanent tiling.
-~~. ~~.
Local F:egistrar Date Issued
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Last Will ~xncl Test~z~ent
of
CLYDE L. STROCK
I, CLYDE L. STROCK, of Mechanicsburg, Cumberland County, and Commonwealth of
Pennsylvania, make this my Last Will and Testament and revoke all prior Wills and
testamentary instruments of any kind.
ARTICLE I. PAYMENT OF DEBTS AND FUNERAL EXPENSES. I direct my Executor to pay
all my just debts and funeral expenses from my estate.
ARTICLE II. TRANSFER OF PERSONAL AND HOUSEHOLD ITEMS. I give and bequeath my
automobiles, clothing, jewelry, books, pictures, furniture, furnishings, and other personal or
household items, together with all property insurance relating to such items, to my spouse,
provided my spouse survives me for a period of thirty (30) days.
If my spouse predeceases me or. if my spouse fails to survive me for a period of more than
thirty (30) days, then these personal or household items shall be transferred according to a list
which I intend to attach to this Will.
If there is no list, then all such personal and household items shall be pint over anB:>'
c -~.; ~,, '.x
transferred to my children according to their own arrangements. If they canrlt~st~ree or-', ~~~ `')
:-) ,
rn < ~ ~ ~ c:': ro
arrange for a division in a friendly way, then my Executor may distribute or A ~ r- -~ t,...
~p~t:'Uft~se ~;~ ;y
items in any way he deems to be fair, includin rivate sales or a ublic sal ~~ n -'' ~~~ -'
-.-.
,::: .: -_
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S~ C7 lJ) i:7
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strock Clyde will 7/24/00 #203418
If any minor becomes entitled to any items under this Article, those items may be delivered
to the minor whenever my Executor decides, provided that the transfer shall take place not later
than the date when the minor reaches the age of twenty-one (21).
ARTICLE III. REMAINDER AND RESIDUE.
A. All other property that I may own or that I may be entitled to dispose of or to appoint at
the time of my death, I give, devise, bequeath, and appoint to my spouse.
B. My spouse may find it appropriate to disclaim all or part of the residuary bequest made
to my spouse under Article III-A above for tax planning or other purposes. I give any such
disclaimed property, and any other property or interests in property which may become payable
to my Executor or my Trustee by reason of a disclaimer or a renunciation by my spouse, to my
Trustee, IN TRUST, NEVERTHELESS, according to the terms and provisions of Article V
below, subject to the terms of Article IV below.
C. If my spouse predeceases me, then all the remainder of my property shall be divided
into four (4) equal shares. I give, devise, bequeath, and appoint one (1) equal share to each of
my children, KENT L. STROCK, ALAN W. STROCK, KAREN L. SIMMONS and JOAN L.
EGOLF. This bequest/devise of my residuary estate shall be subject to the terms of Article IV
below, giving an option to purchase certain farm real estate.
In the event that any child fails to survive me and leaves issue living at the time of
my death, then I give, devise, and bequeath that deceased child's share in equal parts to the
issue of that deceased child who are living at the time of my death, per stirpes. The share of
any such issue under the age of twenty-one (21) years shall be paid over and transferred to a
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Trustee, IN TRUST, NEVERTHELESS, for such issue and that trust shall be administered as a
separate trust for that issue according to the terms of Article III-D below.
In the event that any child fails to survive me and leaves no issue living at the time of
my death, then I give, devise, and bequeath that deceased child's share in equal shares to my
other children, per stirpes.
D. The share of any issue of a deceased child shall be paid over and transferred to a
Trustee, INTRUST, NEVERTHELESS, for such issue if such issue is under the age of
twenty-one (21) years. The share of each such issue under the age of twenty-one (21) years
shall be administered as a separate trust for such issue according to the following terms and
provisions. The Trustee shall pay over or use, apply, and expend income or principal or both
for such issue in such amounts as the Trustee, in his sole discretion, shall deem advisable in
order to provide health, support, maintenance, and education for such issue.
At the time when such issue attains the age of twenty-one (21) years, but in no
event later than twenty-one (21) years following the death of the survivor of my spouse and
myself, that issue shall have the right to withdraw all the accumulated income and the entire
remaining principal, and the separate trust for such issue shall then terminate. Should the
principal of any such trust become too small, in the Trustee's sole discretion, so as to make the
continuance of the trust inadvisable, the Trustee may terminate the trust and make immediate
distribution of the then remaining principal and any accumulated income or undistributed
income outright to such issue, and the rights of any other potential beneficiaries of such trust
shall automatically cease and determine. The Trustee of each such trust for the issue of a
-3-
deceased child of mine shall be appointed by the court that has jurisdiction of this type of matter
at that time.
ARTICLE IV. OPTION TO PURCHASE FARM REAL ESTATE. Following the death of the
survivor of my spouse and myself, I give, devise, and bequeath to my children, KENT L.
STROCK and JOAN L. EGOLF , (hereinafter referred to by their first names or as "farming
children" or "farming child") the option and automatic right to purchase all of my farm real estate
(hereinafter "farm real estate") from my estate or the beneficiaries of my estate. For purposes
of this Article, "farm real estate" shall include the approximately eighty-four (84) acres in Upper
Allen Township, Cumberland County, Pennsylvania that my spouse and I presently own,
(excluding, however, our ranch house and approximately five (5) acres under and around this
residence), the dwelling(s) on the farm real estate (excluding the ranch house and 5 acres and
any household items and personal effects), the farm buildings and structures, and any farm
real estate that may be owned by a corporation, partnership, limited liability company or other
entity that my spouse and/or I own completely or at least control.
The ranch house and five (5) acres under and around that residence described above is
excluded from this option, but it is my desire that this residence and 5 acres will be offered for
sale to one or more of my children before it is put up for public sale or sold to someone outside
of my immediate family.
The bequest of these option rights to my farming children shall be subject to the provisions
of Articles IV-A through IV-M below.
A. This bequest of these option rights to my farming children is subject to the
conditions that: (1) they survive me; and (2) they are actively and materially participating in a
-4-
farm business utilizing some or all of my farm real estate at my death. Each farming child must
satisfy both conditions to be entitled to exercise these option rights. Should all of my farming
children fail to survive me or should none of them be actively and materially participating in a
farm business utilizing some or all of my farm real estate at my death, then these option rights
shall be null and void and cannot be exercised by my farming children. Should one or more,
but not all of my farming children fail to survive me or should one or more but not all of my
farming children not be actively and materially participating in the farm business utilizing some
or all of the farm real estate at my death, then the farming child(ren) who has survived me and
is actively and materially participating in the farm business shall have the right to exercise these
option rights. A farming child shall be considered to be actively and materially participating in
the farm business if either he/she or his/her spouse is the one actively and materially
participating in the farm business. Also, a farming child shall be considered to be actively and
materially participating in the farm business even if he has other employment and is operating
the farm business on a "part-time" basis. If a farming child is retired and is sixty (60) years of
age or older at the time of my death and he had actively and materially participated in the farm
business using some or all of my farm real estate for at least twenty (20) years prior to his
retirement, then he shall be entitled to exercise this option even if he is not actively and
materially participating in the farm business at the time of my death.
B. This option shall continue for a period of one (1) year after the date of the
death of the survivor of myself and my present spouse, and, at the end of that time, it shall
automatically expire and shall be null and void. My farming children may exercise this option at
any time during the term of this option by giving written notice of their intention to exercise the
-5-
option to the executor or other personal representative of my estate. The written notice must
be received by at least one (1) personal representative of my estate by the end of the option
term, if personally delivered, or shall at least be postmarked by the end of the option term if
mailed. If more than one of my farming children qualify to exercise the option, but for some
reason one or more of them does not want to exercise his option rights, the other farming
child(ren) may exercise these option rights.
C. The purchase price of the farm real estate for purposes of this option shall be
the sum of Three Hundred Thousand and 0 100 ($300,000.00) Dollars ~Yhis purchase price
shall be subject to adjustment according to the terms of Article IV-K below.
D. My farming children shall have the right to pay the option price set forth in
Article IV-C above either in a lump sum amount at the closing or over a period of time, as
follows: equal monthly amounts over a period of fifteen (15) years at a fixed interest rate on the
unpaid balance equal to seventy-five (75%) percent of the agricultural prime rate for loans on
similar farm real estate in Cumberland County on the date of my death. The interest shall be
compounded monthly on the unpaid balance of the principal and any accrued interest. My
farming children shall have the right to prepay this deferred payment obligation at any time.
This deferred payment obligation shall be evidenced by a promissory note, containing a
confession of judgment clause, payable in the amount and under the terms described above.
Further, this deferred payment obligation may be secured by mortgages, security agreements,
or other conventional security arrangements at the request of the obligee(s) or holder(s) of that
obligation. Any mortgages, security agreements, or other liens granted to the obligee(s) or
holder(s) of this deferred payment obligation shall be subordinated to future farm financing or
-6-
refinancing at the request of my farming children if payments on this obligation are not in default
and if this deferred payment obligation would still be reasonably secured after the
subordination. It is my intention that my farming children shall have the right and opportunity to
borrow money under conventional farm lending arrangements, which will require my farming
children to grant a first lien against the farm real estate to that lender to secure those loans,
provided that this deferred payment obligation will still be reasonably secured. It shall be
presumed, for purposes of this paragraph, that this deferred payment obligation is reasonably
secured as long as my farming children's total debts and obligations secured by my farm real
estate do not exceed eighty (80%) percent of the then fair market value of the farm real estate
that is used as collateral.
Notwithstanding the rights given to my farming children in this Article IV-D to pay the
purchase price over a period of time, my farming children shall be obligated to pay the purchase
price in a lump sum amount: (1) to the extent there are debts, expenses, taxes, and other
obligations in my estate that cannot be paid with other assets in the estate; or (2) to the extent
that my farming children receive life insurance proceeds, pension or retirement plan benefits, or
other liquid assets as a result of my death that can reasonably be applied towards the purchase
price.
E. The option given pursuant to this Article shall be personal to my farming
children, and they shall not have the right to assign, sublease, transfer, or encumber this option
in any manner without the prior written consent of the executor or other personal representative
of my estate.
-7-
F. If one or more of my farming children exercise the option to buy my farm real
estate, the closing shall take place within one hundred eighty (180) days after the executor or
other personal representative of my estate receives the written notice of my farming children's
intention to purchase the farm real estate.
G. The purchase price under this option arrangement shall be paid and/or
distributed according to Article III above, which provides that all my children, including my
farming children, shall receive an equal share of my estate, including these option payments.
H. Although it is my expectation that my farming children will want to purchase all
of my farm real estate, they shall not be obligated to purchase all of my farm real estate if there
are certain portions which they do not want to purchase and use in their farm operation.
Real estate taxes and assessments, rents, and water and sewer rents shall be
prorated as of the date of settlement. Realty transfer taxes imposed by any governmental body
shall be borne equally by both parties to the sale. Any survey or subdivision costs necessary to
carry out the terms of this option provision shall be paid as an administrative expense by my
estate. My farming children shall bear all costs of recording deeds.
J. My farming children shall have the right to receive a special warranty deed for
any farm real estate. The title to all the farm assets shall be good and marketable, free and
clear of all liens, encumbrances, easements, clouds, and other objections to the title; excepting,
however, zoning and building regulations and restrictions, easements, and restrictions of record
at the time of the transfer. Otherwise, title to the real estate shall be insurable by a reputable
title insurance company at regular rates with no objections on its title report other than
objections relating to the exceptions set forth above.
-8-
K. The purchase price of the farm real estate established in Article IV-C above
shall be increased as set forth in this Article IV-K if my farming children sell or transfer the farm
real estate other than in the ordinary course of their farm business for a period of ten (10) years
immediately following my death or if they do not continue active and material participation in a
farm business utilizing some or all of my farm real estate for a period of ten (10) years
immediately following my death. My farming children shall be considered to be actively and
materially participating in a farm business even if they have other employment and are
operating a farm business on a "part-time" basis. Throughout this Article IV-K, any reference to
the "ten (10) years after my death" shall refer to the "ten (10) years after the death of the
survivor of my spouse and myself' as may be necessary so that this ten (10) year period begins
after the farming children exercise the option to purchase the real estate. These conditions are
subject to the following additional terms and provisions:
If my farming children purchase my farm real estate at less than its actual fair
market value according to Article IV-C above, and, within this ten (10) year period, they sell or
transfer some or all of the farm real estate other than in the ordinary course of the farm
business to someone other than another farming child, then the purchase price of the farm real
estate that is sold or transferred shall be increased from the amount provided in Article IV-C
above to the following percentages of the net proceeds of the sale or transfer of that farm real
estate: one hundred (100%) percent if sold or transferred during the first two (2) years after my
death; ninety (90%) percent if sold or transferred during the third and fourth years after my
death; eighty (80%) percent if sold or transferred during the fifth and sixth years after my death;
seventy (70%) percent if sold or transferred during the seventh and eighth years after my death;
-9-
and sixty (60%) percent if sold or transferred during the ninth and tenth years after my death.
The following items and amounts shall be deducted from the proceeds of the sale or transfer to
calculate the "net proceeds" of the sale or transfer: (1)sale-related expenses; (2) taxes
resulting from the sale or transfer of that farm real estate; and (3) the functional agricultural
value of any improvements (excluding repairs and maintenance) that my farming children made
to my farm real estate that is sold or transferred. My overriding intention with respect to this
provision is to avoid an unjust windfall to my farming children; it is not my intention to penalize
my farming children so that they receive less than an equal share of my estate (probate and
non-probate). This provision shall, therefore, be interpreted and applied in such a manner that
my farming children receive at least as much net value from my estate (probate and
non-probate) as my non-farming children receive even if they sell or transfer the farm real
estate shortly after my death. Further, if my farming children sell or transfer a portion, but not
all of the farm real estate, this provision shall be applied in a manner that accomplishes these
goals and intentions on a pro rata basis.
2. If my farming children receive my farm real estate, but none of them continues
active and material participation in a farm business utilizing some or all of that farm real estate
during this entire ten (10) year period, the purchase price of the farm real estate shall be
increased from the amount provided in Article IV-C above to the amount established by the
various percentages and years in Article IV-K-1 above. Since a sale or transfer of the farm real
estate may not take place in this situation, the fair market value of the farm real estate at the
time of the discontinuation of the farm business shall be used in the calculations in lieu of the
-10-
proceeds of sale, but adjustments similar to those in Article IV-K-I above shall be made to
calculate the "net fair market value" in lieu of the "net proceeds."
3. If more than one of my farming children receive the farm real estate, but
during this ten (10) year period a farming child decides to sell or transfer his interest in the farm
real estate other than in the ordinary course of the farm business or if a farming child does not
continue active and material participation in the farm business during this entire ten (10) year
period, then the farming child(ren) who does not sell or transfer his interest and who continues
active and material participation in the farm business shall have the option to buy the
withdrawing farming child's interest in my farm real estate at an amount equal to: (a) the share
of the original option purchase price that each non-farming child was entitled to receive; plus (b)
the following percentages of the net fair market value of the withdrawing farming child's interest
in the farm real estate: five (5%) percent during the first two years after my death; ten (10%)
percent during the third and fourth years after my death; fifteen (15%) percent during the fifth
and sixth years after my death; twenty (20%) percent during the seventh and eighth years after
my death; twenty-five (25%) percent during the ninth and tenth years after my death. The
following items and amounts shall be deducted from the fair market value of the withdrawing
farming child's interest in the farm real estate to determine the net fair market value of his
interest: (1) the withdrawing farming child's share of the remaining balance of the original
option granted in this Article. The farming child(ren) who continues the farm operation shall
also assume and be responsible for the remaining balance of the original option purchase price.
My farming children may modify the terms of this Article IV-K-3 if they mutually
agree, in writing, making specific reference to this Article IV-K-3.
-11-
4. The disability of all my farming children during this ten (10) year period shall
be considered a discontinuation of their active and material participation in the farm business
for purposes of this Article IV-K unless they, their spouses, their children, or their other issue
continue active and material participation in the farm business during this ten (10) year period,
and the same restrictions on the sale or transfer of the farm real estate shall apply as if my
farming children were not disabled. The disability contemplated by this provision is a long term,
substantial disability which would prevent my farming children from active and material
participation in the farm business as compared with participation as a passive investor.
If more than one of my farming children exercise the option to purchase my
farm real estate pursuant to this Article IV, but during this ten (10) year period a farming child
becomes disabled, my other farming child(ren) shall have the right to purchase the disabled
farming child's interest in my farm real estate unless the disabled farming child's spouse,
children, or other issue continue active and material participation in the farm business during
this ten (10) year period. The purchase price for the disabled farming child's interest in the farm
real estate shall be determined according to the various percentages and years in Article IV-K-3
above.
5. The deaths of all my farming children during this ten (10) year period shall be
considered a discontinuation of their active and material participation in the farm business
unless their spouses, their children, their other issue, their heirs, or their legatees continue
active and material participation in the farm business during this ten (10) year period, and the
same restrictions on the sale or transfer of the farm real estate shall apply as if my farming
children were living.
-12-
If more than one of my farming children exercise the option to purchase my
farm real estate, but during this ten (10) year period a farming child dies, the surviving farming
child(ren) shall have the right to purchase the deceased farming child's share or interest in my
farm real estate unless the deceased farming child's estate, spouse, heirs, or legatees continue
active and material participation in the farm business during this ten (10) year period. The
purchase price for the deceased farming child's interest in the farm real estate shall be
determined according to the various percentages and years in Article IV-K-3 above.
6. If my farming children sell or transfer a substantial portion of the farm real
estate after the ten (10) year period, but before all periodic monthly payments are made
according to Article IV-D above, the purchase price of the farm real estate shall be paid in full
immediately upon such sale or transfer notwithstanding provisions in Article IV-D to the
contrary.
7. During this ten (10) year period, my farming children shall have the right to sell
or transfer a portion of the farm real estate other than in the ordinary course of their farm
business for the purpose of paying all or part of the purchase price of the farm real estate or to
reduce their other farm-related debts and obligations, provided they continue active and
material participation in the farm business.
8. During this ten (10) year period, my farming children shall have the right to sell
or transfer all or part of the farm real estate other than in the ordinary course of their business
to their spouses, their children, and their other issue for estate and business planning purposes
intended to continue the farming operation in their families, but the farm real estate shall be
-13-
subject to the same conditions and restrictions set forth in this Article during this ten (10) year
period.
9. If a farming child has continued or he continues active and material
participation in the farm business until a reasonable retirement age, he shall be free to sell or
transfer his interest in the farm real estate or to discontinue his active and material participation
in the farm business at any time, even during this ten (10) year period. "Reasonable retirement
age" shall be determined from a number of factors, including, but not limited to, the age of the
farming child, whether he actually retires after he withdraws from the farming operation or
engages in employment or business activities elsewhere, etc.; a farming child shall be
conclusively presumed to have reached a "reasonable retirement age" when he has attained
the age of sixty (60) years.
10. If timber is sold or removed or mineral resources, such as coal, oil, gas, or
other natural resources, are sold, removed, or produced from the farm real estate during this
ten (10) year period, my farming children shall be entitled to all these payments, royalties, and
rentals produced from the farm real estate. Furthermore, my farming children may sell, lease,
or remove timber and mineral and natural resources from the farm real estate during this ten
(10) year period, and such sale, lease, or transfer shall not be considered a sale or transfer of
the farm assets for purposes of this Article IV-K provided that my farming children continue to
actively and materially participate in the farm business. If my farming children are paying all or
any portion of the purchase price over a period of years, however, they shall be obligated to pay
at least fifty (50%) percent of the after-tax proceeds of the sale, lease, or transfer of those
-14-
timber and mineral and natural resource rights towards the deferred payment obligation as
those proceeds are received.
11. My farming children may sell or transfer development rights or restrictions or
agricultural easements or similar rights during this ten (10) year period. Such sale or transfer
shall not be considered a sale or transfer of the farm real estate for purposes of this Article IV-K
provided that my farming children continue to actively and materially participate in the farm
business. If my farming children are paying all or any portion of the purchase price over a
period of years, however, they shall be obligated to apply at least fifty (50%) percent of the
after-tax proceeds of the sale or transfer of those development rights towards the deferred
payment obligation as those proceeds are received.
12. Each of my farming children may earn credits toward this ten (10) year period
at the rate of one (1) year for every two (2) years that he actively and materially participates in a
farm operation utilizing some or all of my farm real estate from the date of this Will to the date of
my death. For example, if, at the time of my death, a farming child has actively and materially
participated in the farm business for eleven (11) years from the date of this Will to the date of
my death, then the ten (10) year period referred to in this Article IV-K shall be reduced to four
and one-half (4-1/2) years as to that farming child because of his prior years of active and
material participation in the farm business. Similarly, the percentages referred to in Articles
IV-K-1 and IV-K-3 above shall be applied as if that farming child had already operated the farm
business for five and one-half (5-1/2) years after my death.
13. After this ten (10) year period, my farming children shall be free to sell or
transfer the farm real estate and interests therein or discontinue active and material
-15-
participation in the farm business without sharing proceeds according to the terms set forth in
this Article IV-K and without any other restrictions on their use or the transfer of the farm real
estate as set forth in this Article IV-K.
L. My objectives and intentions with respect to my farm real estate are to give my
farming children a reasonable opportunity to continue a farm operation utilizing some or all of
my farm real estate. They have indicated an interest and a desire to do that. I do not believe
that they could continue a farm business in an economical manner if they had to buy my farm
real estate at its actual fair market value. On the other hand, I do not want my farming children
to profit unjustly by receiving a greater than equal share of my estate if they decide to sell or
transfer the farm real estate or if they discontinue active and material participation in the farm
business within the ten (10) year period after my death. It is my desire that my farming children
will continue the farm business for many years beyond the ten (10) year period after my death.
M. Any references in this Article III to "farming child," "farming children,"
"non-farming child," or "non-farming children," shall be singular or plural as a proper reading of
this Will may require. Similarly, although most of the provisions in this Article are written as if all
my farming children will exercises this option, the various provisions shall be interpreted to
apply in a similar manner if less than all of my farming children exercise the option.
ARTICLE V. THE STROCK DISCLAIMER TRUST FOR MY SPOUSE. If my spouse
renounces or disclaims property or interests in property that have been given to my spouse
pursuant to Article III-A above, such property or interests in property shall be held, managed,
invested and reinvested, and the income and principal thereof shall be distributed from time to
time as set forth below in this Article. This trust shall be known as the Strock Disclaimer Trust.
-16-
A. My Trustee shall pay income in quarterly or more frequent installments to my spouse
during my spouse's lifetime. My Trustee may also, in his sole discretion, make principal
distributions to or for the benefit of my spouse for my spouse's health, support, maintenance, or
education, but before making any principal distributions, my Trustee shall take into account all
of my spouse's other readily available assets and financial resources, including entitlements to
federal, state and local public assistance benefits.
My spouse shall also have the right and power to invade the principal of the trust for
my spouse's own reasonable comfort, maintenance, support, medical care, or education,
provided that this power to invade shall be limited to the sum of Five Thousand and 00/100
($5,000.00) Dollars per year or five (5%) percent of the trust principal per year, whichever is
larger. Any right or power to withdraw principal during a particular year shall lapse if not
exercised during that year. If these powers to withdraw are enlarged or reduced by the United
States Internal Revenue Code, then my spouse's power to withdraw shall be enlarged or
reduced accordingly to the extent that it will not result in the trust principal being taxed in the
estate of my spouse.
B. After the death of my spouse, this Strock Disclaimer Trust shall be divided, distributed,
paid over, and transferred according to the terms of Article III-C and D and Article IV above.
ARTICLE VI. APPOINTMENT OF EXECUTOR. I appoint my spouse to be Executor of my
Last Will and Testament. In the event that my spouse is unable or unwilling to act or to
continue to act in said office, then I appoint the following as alternates with all the same powers:
First Alternate Co-Executors: My sons, KENT L. STROCK and ALAN W. STROCK.
_17_
Second Alternate Co-Executors: My daughters, KAREN L. SIMMONS and JOAN L.
EGOLF.
ARTICLE VIi. APPOINTMENT OF TRUSTEE. I appoint my spouse and my sons, ALAN W.
STROCK and KENT L. STROCK to be Co-Trustees of the Strock Disclaimer Trust. If neither of
my sons can serve as trustee, then I appoint my daughters, JOAN L. EGOLF and KAREN L.
SIMMONS, to serve as alternate Co-Trustees.
ARTICLE VIII. DISCHARGE AND APPOINTMENT OF TRUSTEE. My spouse shall have the
power at any time to remove or discharge the Trustee of the Strock Disclaimer Trust. If my
spouse removes or discharges the Trustee, the alternate(s) named in Article VII above shall
serve and if there is no remaining alternate Trustee named in Article VII above, then PNC
BANK, its successors and assigns, shall serve as Trustee.
In the event of the death, resignation, or incapacity of the Trustee of the Strock Disclaimer
Trust, any alternate trustee named above shall serve in his place and if there is no alternate
trustee named, then a successor Trustee may be appointed by a letter signed by at least a
majority of the income beneficiaries (or their legal representatives) entitled to receive income at
the time of the appointment.
My spouse is not eligible to serve as a successor Trustee. Any successor Trustee shall
have all the rights, title, powers, and discretion given the original Trustee.
ARTICLE IX. INSTRUCTIONS REGARDING FIDUCIARIES. In the event that co-fiduciaries
have been named for one or more of the fiduciary positions above, and if one or more of the
co-fiduciaries is unable or unwilling to act or to continue to act in said office, then the other
-18-
co-fiduciary(ies) may continue to serve without the need for the appointment of another
co-fiduciary.
Any reference to my "Executor" or "Trustee" in my Will shall be deemed and taken to include
each and every person or party named or appointed to serve in that office, whether there is one
or more than one. Also, any reference to the masculine in my Will as it relates to my Executor
or Trustee shall also include the feminine or the neuter wherever necessary.
ARTICLE X. DEFINITIONS. Any reference to my "spouse" in my Will shall be a reference to
my present spouse, MABEL L. STROCK, and shall not be interpreted to refer to or include any
future spouse of mine.
ARTICLE XI. ADDITIONAL PARAGRAPHS. I hereby incorporate by this reference the four (4)
pages of General Provisions which are attached to this Will and made a part hereof by this
reference. These General Provisions are intended to provide instructions and directions for the
settlement of my estate, for the administration of any trusts, for possible tax savings, and for the
orderly transfer of my property according to the terms of my Will.
ARTICLE XII. PRESUMPTION OF SURVIVORSHIP. If my spouse and I die under
circumstances which make it impossible to determine who died first, my spouse shall be
presumed to have survived me for purposes of this Will.
IN WITNESS WHEREOF, I, CLYDE L. STROCK, the Testator, have signed this Last Will
and Testament, typewritten on twenty (20) sheets of paper (including the witnesses'
signatures), of which this is Sheet No. 19, on this ~~ day o . 2o1K~
~~i~(SEAL)
Clyde Strock
-19-
SIGNED, SEALED, PUBLISHED, AND DECLARED, by the above-named, CLYDE L.
STROCK, as and for his Last Will and Testament, in the presence of us, who at his request and
in his presence and in the presence of each other, have hereunto subscribed our names as
witnesses thi~ day of ~ , 20~'-•
~~ ADDRESS ~~
s Tow~n~and~/ at n
r~,A~x, _ADDRESS ~ illy-/l~J,(~Q i~f~
Town and State
Witness ~ Town and
-20-
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
^ SS.
COUNTYOF~~ ~~
The Testator, Clyde L. Strock, whose name is signed to the foregoing instrument and the
witnesses whose names are signed to the foregoing instrument, being duly qualified according
to law, do hereby declare to the undersigned authority that the Testator signed and executed
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 the witnesses, in the hearing and
presence of the Testator, signed the Will as a witness; and that to the best of their knowledge
and belief the Testator was at that time eighteen (18) years of age or older, of sound mind and
under no constraint or undue influence.
'c-d•C K, (SEAL)
Clyd .Strock
r „-(SEAL)
Witness
Subscribed, sworn to and acknowledged before me by Clyde L. Strock, the Testator, and
subscribed and sworn to before me by (YA/~~/ l/- tfer~m ,
~ ~~ ~° f}- ~} . ~~~G~!'rllL fj ,and ~1~ -~'~ ~ ~~ T ~~~-~~• the witnesses,
this~'~ day of ` , 2~1.~-•
'~Z~~ ,y(/'Z//~ (Notary Public)
Notarial Seal
Margaret L. Boyd, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires June 27, 2004
Member, PennsyNaNe gsaociatbn of Notaries
GENERAL PROVISIONS
These General Provisions are intended to be and are a part of my Last Will and Testament
and are to provide instructions and directions for the settlement of my estate, for the
administration of any trusts, for possible tax savings, and for the orderly transfer of my property
according to the terms of my Will.
A. ADMINISTRATIVE PROVISIONS
SECTION I. DISABILITY, INCAPACITY, AND MINORITY OF BENEFICIARIES. If any
beneficiary of my estate or any trust created in my Will is a minor or becomes disabled or
incapacitated by reason of illness, advanced age, accident, or any other cause, and if the
beneficiary is entitled to any income or principal, then my Executors, Guardians, and Trustees
may apply income or principal from time to time directly for the beneficiary's support,
maintenance, education, and health needs instead of being paid to such beneficiary or that
beneficiary's guardian or conservator. Any remaining income or principal for that beneficiary
shall be held as a separate trust for that beneficiary, and my Trustees may use income or
principal from that separate trust for the beneficiary's support, etc., as set forth above. The
remainder shall be invested and paid over to the beneficiary when, in my Trustees' opinion, the
beneficiary becomes free of the disability and/or attains the age of majority as defined in this
Will.
SECTION 11. PROTECTIONS FOR BENEFICIARIES. The rights and interests of each
beneficiary in the income or principal of any trust created in my Will shall be free from the
control, interference, or claims of any creditor of that beneficiary or any spouse of a married
beneficiary and such rights and interests shall not be subject to execution, levy, attachment,
anticipation, assignment, pledge, or alienation.
SECTION III. TRUSTEE ACCOUNTING. The Trustees of any trusts created herein shall each
year render an account of their administration of each trust hereunder to the person or persons
(or such person's or persons' guardian or guardians) who may receive the income thereof.
Such person's or persons' (or the guardian's or guardians') written approval of such account
shall, as to all matters and transactions stated therein or shown thereby, be final and binding
upon all persons (whether in being or not) who are then or may thereafter become interested in
or entitled to share in either the income or principal of the trust.
SECTION IV. WAIVER OF BOND. To the extent that such requirements can be legally
waived, I direct that no Guardian, Executor, Trustee, or other fiduciary named in my Will or any
successor fiduciary shall ever be required to post any bond or give any security in connection
with its duties, whether in the State of Pennsylvania or elsewhere.
SECTION V. TRUSTEE DISCRETION TO DISTRIBUTE PRINCIPAL AND INCOME. If any
trust created under the provisions of this Will authorizes my Trustees to pay income or principal
or both to any one or more persons in a specified class, my Trustees are authorized to pay any
-1-
part or all of such income or principal to any one member of such class to the exclusion of all of
the others, or to some members of the class to the exclusion of others, and in such amounts or
shares, equal or unequal, and at such time or times, as they, in their sole discretion, deem
advisable.
SECTION VI. Should the principal of any trust in my Will become too small, or should its
administration be or become impractical for any reason, so as to make continuance of the trust
inadvisable, in my Trustee's sole discretion, my Trustee may make immediate distribution of the
then-remaining principal and any accumulated or undistributed income outright to the remainder
beneficiary or beneficiaries of such trust or trusts determined as if the trust had otherwise
terminated at that time. Upon such termination, the rights of all persons who might otherwise
have an interest as succeeding income or remainder beneficiary shall cease. If any beneficiary
to receive distribution is a minor or disabled in any way, Trustee may pay such share to the
parent, guardian, or person or organization taking care of that beneficiary, or may deposit such
share in that beneficiary's name in a savings account in any financial institution, including a
savings account operated by the Trustee, payable to the beneficiary at the termination of legal
incapacity.
B. TAX PROVISIONS
SECTION VII. It is my intention that the trust principal of the Strock Disclaimer Trust shall be
excluded from my spouse's estate upon my spouse's death. Notwithstanding any provision to
the contrary in this Will, none of the powers or rights or discretions granted in any provision of
my Will to the Trustees and the trust beneficiaries of the Strock Disclaimer Trust shall be
permitted to be exercised in a manner that would cause the trust principal of the Strock
Disclaimer Trust to be included in my spouse's estate.
SECTION VIII. Except as otherwise provided in my Will, I direct my Executors to pay or
otherwise satisfy out of the Strock Disclaimer Trust, and if there is no Strock Disclaimer Trust
created, then out of my residuary estate, all debts, administration expenses, and all estate,
succession, inheritance, transfer, and other death taxes and duties which shall be levied or
assessed in respect of my death whether or not imposed in respect of property passing under
my Will and imposed by any governmental authority, domestic or foreign.
SECTION IX. In accordance with the Tax Reform Act of 1976, the Revenue Act of 1978, the
Economic Recovery Tax Act of 1981, and the Tax Reform Act of 1984 and their supplements
and amendments, I intend that those sections of my Will which relate to tax planning be
interpreted by reference to the following:
A. If any tax or other advantages are available to my estate and my heirs as a result of
future changes to the federal or state tax laws, I intend that this Will be interpreted in such a
way that all tax advantages will be used in my estate and by the fiduciaries who work with my
estate and any trusts created in this Will.
-2-
B. If the marital deduction is available in my estate, then it is my intention to make use of
the marital deduction in such a way that the death taxes paid by my estate and later by the
estate of my surviving spouse are kept to a minimum.
C. If my death should occur after other changes are made in the tax laws and if, as a
result of those changes, larger deductions and credits are available, I direct that my Will be
interpreted as if I had written a new Will to take advantage of the most current deductions and
credits permitted by state and federal tax laws.
C. MANAGEMENT PROVISIONS
SECTION X. GENERAL EXECUTOR AND TRUSTEE POWERS. In extension and not in
limitation of the powers given them by law or other provisions of this Will, my Executors and
Trustees shall have the following powers, applicable to all property held by them, in each case
to be exercised from time to time in their discretion, without court order and until actual
distribution:
A. To retain any property or any undivided interest therein, regardless of any lack of
diversification, risk, or nonproductivity and without being limited by any statute or rule of law
concerning investments by fiduciaries;
B. To invest and reinvest in any property or undivided interests therein, without being
limited by any statute or rule of law concerning investments by fiduciaries;
C. To sell any property, for cash or on credit, at public or private sale; to exchange any
property for other property; to grant options to sell or to purchase or acquire any property; and
to determine the prices and terms of sales, exchanges, and options;
D. To execute leases and subleases, even though such leases may extend beyond the
settlement of the estate or the termination of the trust;
E. To borrow money and to mortgage or pledge any estate or trust property;
F. To take any action with respect to conserving or realizing upon the value of any
property and with respect to foreclosures, reorganizations, or other changes affecting the estate
or trust property; to collect, pay, contest, compromise, or abandon demands of or against the
estate or trust, wherever situated; and to execute contracts, notes, conveyances, and other
instruments, including instruments containing covenants and warranties binding upon and
creating a charge against the estate or trust; and containing provisions without disclosure of any
fiduciary relationship;
G. To employ agents, attorneys, auditors, depositaries, and proxies, with or without
discretionary powers and to remunerate them and pay their expenses;
-3-
..
H. To determine the manner of ascertainment of income and principal and the
apportionment between income and principal of all receipts and disbursements, and to select
an annual accounting period;
I. To receive additional property from any source and add it to and commingle it with the
estate or the trust;
J. To enter into any transaction authorized by this section with Trustees or legal
representatives of any other trust or estate in which any beneficiary hereunder has any
beneficial interest, even though any such Trustee or legal representative is also Trustee
hereunder;
K. To make any distribution or division of the estate and trust property in cash or in kind or
both and to allot different kinds of disproportionate shares of property or undivided interests in
property among the beneficiaries or portions, and to determine the value of any such property;
and to continue to exercise any powers and discretion herein given for ~ reasonaEne period
after the termination of the trust, but only for so long as no rule of law relating to perpetuity
would be violated;
L. To conduct any business in which I am engaged or in which I have an interest at the
time of my death for such periods as they may deem advisable and with power to borrow
money and pledge the assets of the business and do all other acts which I, in my lifetime, could
have done or to delegate such powers to any partner, manager, or employee, without liability
for any loss occurring herein;
M. To organize a corporation or corporations without leave of Court, to carry on any
business in which I am engaged or in which I have an interest at the time of my death, by
themselves or with others, and to contribute all or part of the assets of such business as capital
to such corporations and accept stock in the corporations in exchange therefor;
N. To hold property of separate trusts in common investments for convenience of
investment or administration;
O. To determine whether to claim deductions available to me or to my estate on estate tax
or on income tax returns, and to determine whether to use date of death or alternate valuation
date values for estate tax purposes, in such manner as they consider advisable and without
making any adjustment between income and principal or among beneficiaries due to any such
determination;
P. To disclaim on my behalf any interest as my Executor or Trustee deems advisable.
(end of text)
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