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Home My WebLink About12-20-12Reset 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: GWYN M WERTZ a/k/a: GWYN MARIE WERTZ a/k/a: a/k/a: Date of Death: September 18 2012 File No: ~ ~ - ~ ~ - ~ ~~ ~ ~ _ (Assigned by Register) Social Security No Age at death• 59 Decedent was domiciled at death in Cumberland County, ~psylvania _ (State) with his/her last principal residence at 21 Maple Avenue. Came Hill. PA 17011 Hampden Township Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at Holy Spitit Township East Pennsboro 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: Ijdomiciled in Pennsylvania ............................ All personal property $ 10,000.00 If not domiciled in Pennsylvania ........................Personal property in Pennsylvania $ If not domiciled in Pennsylvania ........................Personal property in County $ Value of real estate in Pennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $ 1 Q,000.00 Real estate in Pennsylvania situated at: N/A (Attach additional sheets, ijnecessary.) 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 Apri12, 1996, and Codicil(s) thereto dated N/A State relevant circnmstsnces (eg. renunciation, death of executor, etc) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ®EXCEPTIONS ® B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate If Administration, c.t~a. or db.n.c.~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 spouse (if an~and heirs (attach additional sheets, if necessary): ~ d *MV ~ m Name Relationshi Add r~ ~ O ~ ~" ~ tU t'ri ~ ~ ~ ~ ~ ~7 ~- ~ ~~~~ Form RW-02 rev. 10/11/2011 Page 1 of 2 't'he 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 Deceden a Petition r(s) will well and truly administer the estate according to law. Sworn to or affirmed a d subscribed before c.v ~~ap~ao/a ine t ~ day of ~ ~ f 2 Date / ' ~'`b'~ Date By: Date For the F,egister Date BOND Required: ®YES Q NO FEES: Letters ...................... $ 45.00 ( 5) Short Certificate(s)...... 20.00 ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other Will 15.00 • es ........ ---b-p'0 Automation Fee .............. . 5.00 JCS Fee . .................... _ 23.50 TOTAL ...................... $ To the Register of Wills: Please enter my appearance by my siffnature helnw• Attorney ignature: Printed Name: Marlin R. McCaleb, Esq. Supreme Court ID Number: 06353 Firm Name: Law Offices-Marlin R. McCaleb Address: .219 Fast Main tr ~echaniccbnrg, pq 1705 Phone: 717-691-7770 Fax: 717-691-7772 Email: marlimm~calPhG~mcn cnrn DECREE OF THE REGISTER Estate of GWYN M. WERTZ File No: ~ ( - ~ a - ~ ~a5 a/k/a: GWYN MARIE WERTZ AND NOW, .YYI ~ aC~ ~ C) ~ ~- i satisfactory proof having been presented before me, IT IS DECREED a eLth tters Te tamentarv of the foregoing Petition, are hereby granted to DAVID W. pO~S the instrument(s) dated A ri12 1996 in the above estate and (if applicable) that described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~~ Register of Wills ~~ r ~~Q~-~~ ~P Form RW-02 rev. 10/II/2011 Page 2 0 2 Oath of Personal Representative official Use Only COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CiJMBERLAND } ss: RECOR~E~ ~~~'l~~ OF } REGfS - Eft ~~~` ~ S - _ _ _ _ 5.805 REV (9/t I) - - - - - - LOCAL REGISTRAR'S CERTIFICATION OF DEATH WVARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.~~+~ ~ ~ ~ ~ Q ~ ~~ ~ E 0 ~ This is to certify that Che information here given is ~ E ~'r $ ~ ~ ~ ~ ~ j ~ L S correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original ~~;~~ ~~~' ~~ ~~ ~ ~~ certificate will be forwarded to the State Vital It Records Office for perman nt filing. P 18860931c~ER~ o~ j~` ~, 9 ~o ~~ Certification Number A N S COURT ~ ~ ~ ~`~~~~LQ~~ /~ A Local Registrar Date Issued ent S/ O a ~ P^ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT Of HEALTH • VITAL RECORDS 'tklnk CERTIFICATE OF DEATH g __... , .,, a rre, m e, use, wn1a1 2. Sea 3. SocW Sxurky Number~•••~ ~•~ ~~, Date of OeaM Mo G ' -"' ( /Day/Yrl ISwll Mol ! ~' !'- C .,20 &'- 1 -LoC>f SC e7/a76t'r 1a Sa. Age-las IrthdN (Yrs1 Sb. Under l Year Sc. UnMr 1 Da b. to of glrtn (MO/Day/YNr1(Spell Month) ]a. Birth Months Days Noun Minutes pate l[ky and Statedforcign Country) S /7 ~ a Nsc ~ - al ,.~ f7vtikn 4 tr /'/Sv~. ib. Blrtnplatt (counNl / .. w~ Ba, esldend (State ar Foreign Country) 8b. Re!sideMe (Street and Number ~ Include API No.) Bt. Did becrdenl lNe M a TOW nshipi ..~ - /L'A.V ry, [3~ea, deteaeM lNent in w. RegldeMe I nry1 r2 / map 1 ~ Ci. v /t . Xa rn ~,L C // twp. Lu ~ 60~ H n r!L Ile. ResldaMe121p code) /'7Q ^NO. decedent lNed within llmfts of 9. Ever In US Armed Fords? 10 MariW Slatw at Time of Wall tinroara. ^ yes ~ ^ Unknown arned WMOwed If. SurWVing Spoux's Name (lf adh, give name prior to Rnt marriage) ^ Divorced ^ Newr Married ^Unknown aL (] t2. FatheYS Name (Fin[, Mlddk, Last, sumal ~r rl afY / s 33. Mother's Name Prior to FIDt MaMagf (First, Middle, last) Y' L Iba. Informant's Name Ub. ektbnM t0 Decedent let Informan ~Milling Adtlres~(StrNt and~N,unMer, City, Stat Zlp C/e W II m PT IK w E7L ~ c e r ...................................... ,N / / ~e W ................ .......................................................:...... ~............................. _O1.K ..............................~. s I( Death Occurred In a HasdlN: FIE Inpatlent ;1/ OeaM OLCUrrod Somewharc «har Tnan a H ~'-"""' """""""""""" ospitN, Hmdd Facll •••..••.•••••....•......••......... ^ Emergenp/ poom/Wtpapent ^ Deatl on ANN]I dY [.~ Decrntenl's Hpme Nursky Hone/toey-Term Gre Fa011 Si 156, FxNlly Name II(rlp( inaHtytbn glue S[roel and numbs; h «her (SpKity) - , , , lSC. atY or roam, stay~ard zip cad . Isd. Caun a DeaM iJ h ~~ ~ ~ U T . 0. ~ lRa. McMod of tbn ^ gurW tbn J Q L ~ ~ r ` ~~ p fhb. Dat M sills fic. %au o ' (Dispositbn )Name Oldmetery, crematory,aother p4ce) ^Remwal hom Stale ^ponatbn ~ S _ «MrISPeclfyl Os/o~o/nl YY1 h - N l~S 1Fd L M f •• it / ! Z a . oca n o OknOSitbn ICs I YaS t cr- ('/-~ar~ Tv ty or sown, Stall, and 2IpJr 1] . SI uro ofOaE Gwteral Ll~ceoa/ewe/,sr Per~(f In CM Immnlnt 17h. lkemt Number 17c. Name antl Complete Addy E FwerN Fadilry • U 1.1 •/ J L - m ~ ~ ~ ~ IB. Decedent's Edeedtksn . eek tM boa Mat best drnatbea ill 19. Decode Nlspank OH n - [heck the ~ hNihest degee or level of sd,aol c f : Deddent's Rad -Cheek ONE • ORE rxes to iryl ompNtM at Me tim W d e dte weal eath. boa that bnt deurWes whether tM dedtlem th decedent mnsieered MmuN ar MruN to be ^ BM grade or less , Is Spanlsh/NNpank/LatlnO. (heck Me'NO' ~hke No dipbma, 9th - 17th grade b ^ Korean oa If decedent N Mt SpanNh/Hbpank/laHno. ~ gIaCN Or Afrkan Amerkan ~igh uhool grWwte or GED Completed 8'I~ ^ Vietnamese rwl5 anish/Hb k , p pan /latinn ^ Same edlega cradle, but rw dgrae y ^ Amerldn Indian w Alaska NafNe ^ «her Asian ^ h• Mpkan, Meskan AmeHdn, Chbna ^ Asian Indian ^ Associat d e egree le.g. AA, AS) ^ Natve Hawalkn ^ Yes, Puerto piton Chi ' ^ ^ Oadrelar s degree le.g. gA, AB, g5) neu Guamankn ar [hamorro ^ Yes, Cuban ' ^ Filldno ^ Master s tlgree le.g. MA, MS, MEry, MEtl, MSW, MRAI ^ Yei, abler SWmsh/HIEWnk/Latlno ^ Samoan ^ laparNSe ^ Oth ^ DoctOrob leg PhO Edo) r P P ifi . , e ac or c 131arder rohssbnal degree e.. MD, DDS DVM LLB 10 ISpedhl ^ «her (Spxdyl 21. Decedent's Single Race SeN-oesignatbn - Chad ONLY ONE to Indkate what Me dxedenl consldercd hhnxlf or herseN to be 2L o ®'Wdte d . . ecr enYs Usual O¢upatlon - Irdlca[e t ^ Jadneu ^ Samwn ype of soak ^&ack or Atrkan AmtHCan ^Korean ^Other PStlRC ISIMder doneduHrg most of working life. 170 NOT USE RETIRED. ^ 4merkan Irdian or Alaska Na[Ne ^ Vktnamex ^ Don't Know/Not Sure G//!'N/ (,~S ^ Allen Indian f/C. T e /a ^ «Mr Allan ^ Relusrd ^ Chinex ^ Native Na 21b. Kind M gusinex/Industry Nl w an ^ Fllryino ^ «Mr ISpeHhl ^GUamankn orCMmono -/ NYJS /`p.2 H TEMS 23a - 27d MUSE gf COMPIERD 23a. Date Pr Dead IMO D l ~ ~~ aY r BY PERSON WNO PRONOUNCES OR q r 230. Signature o Person Pranourlcing Dnth Only when applicable 23c lke nx N mbe CER71FIE5 DEATH 13d. Date Sktnetl IMO/Day/Yr) 29. Time ofOtlM /n~ s~7 ,-I~ / 25 W . as Medical EaamiMror [pmnerCM[xtld7 ^ Yes ^ No CAUSE Of HEATH Appravlmate 26. Part t. Enter M<chaln of events-diseases, mluries, or compNUlrons--that dlreclly coulee the death. W NOT enter terminal res v irat t h e en s suc 0 as cardkc arrest ory arrest, or ventricular libHllation without shawin the ttld DO NOT 4BBRfViATE. Enter onl In[eeval: g og'/ Y one cause an a Ilse. Add addiMnal linef II necessary Onx[ to Death I 1 /J e~ IMMEDIATE [AUSE ~-------~_..__a a, H C ~V IZ 1~ I.{ A'f ~ ~~ ~ E~~ F ( inal dixau or mrdltion Due to for of a COnu Rueae oil: - resulting in deatnl n SeOUen[ially ds[cOMltgns, Dw lO lw ansegw1nd oft. asae a eny, kadkgto ell dose -sue listed on line e. Enter the ~'/ /fi'~ (~S ~Jf I G/s.C1 ~//~~ /},(/ n~f,* UNDER t // /~7` u LYING GSUSF Ow color as a conx0uence oft. ddeau ar ln F ' lury tMl // y~ n ni[iated Me events rewlti i ~ ' d l / ~ ~ ry r ~ . ~ ~_ _(~ ! In death) tAST. Due to for as a con xweMe oil: 26. Part IL Enter other Skndkanl cpndi[b w 3th but not reseMlry In tM uMerlying Uuu gWen In Part 1 27 Was an t ~ ~ . au opsy pertained? Yts No E 2g. Were autopN iMdhys ayNIa6N to camdete ell caux of deeth7 29. If Female: ^ yn ^ No Gb 30. Dd Tobacco Ux ConMbute to Death? ^ Nat pregnant wlMin past year Yes 31 Manner o/ Death P ^ s+ sY ^ ^ Pregnant a[ Nine d death robably Natural ^ NOmkde ^ Md prKMn[but Pregrunt w116M 11 days or death ^ No ^ Unknown ^ Accident ^ Pendlry lrntltlga[ion ^ Not pregnant, but pregnant t3 days to 1 year before death 32. Dale o(In1ury IMO/DW/Yrl IShcl ManthJ ^ Sultlda ^ Cook not M determined 0 Unknown i/pregnant wphln [M past year 33. Time of Injury 3 a. %ace of Inmry (e.8. home; constructbn Ski, /arm; uhoNl 35 . location of lnlury Istreet and NumMr, CItY. Shte, Zlp Code) 3 6. lnlury al Work 3]. If Trcnsporbtbq lnlury, Specify: 3B. DescHM How lnlury Occurrent ^ res ^ DHaer/operator ^ pedeFtnan ^ No ^ Pasxnger ^ Other (Spxlhl 3 9a. [ertifkr (Cheri only one): ^ Certihmg physkfan ~ Ta tM best of my krwwledge, death occurred tlue to ill causelsi and manner stltetl ~Prpr pyMiry d Certifylry pnyskian . TO tM best Of my knawlMge, deaM o¢urred it th! Ihnq Orte, all date, and du! [O tM duxlsl and manor stated ^ Medidl Eaammer/Car - On tM Ns of exam atl on, a Irnlstlga[bn, in my Odnion, death occurred at the time, dell, and plxe, and dw to tM duselsl and manner slated S N f 3 yna re o certKNr: 71tk of certifier: License Number ~~ ~(~r~ _ ~ f2 !_ .Name, Address and Z Code of Person Coin I ng 4uae of Death (IMm 261 \`~ 1 39c. Date Signed ( MO/ON /Yr \ ~ ~ a p S n 0. Pegistrar's OlstMt Number ' / ~Q al. ! Sigrature g3 a1. Renglsbx FMe t y rl .AmeMMents I' ~ I~ ~ ~~ Disoosinon Perm,t No. " la? `` s / j S NI1/5.1<3 ~, acV n]nnl t LAST WILL AND TESTAMENT I, GWYN M. WERTZ, of the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former Wills and Codicils by me at zany time heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my Executor or my Executors, as the 'case may be, hereinafter named, as soon as conveniently may be done after my decease. SECOND. I give and bequeath my automobiles and personal LAW OFFICES MARLIN R. McCALEB effects and such household goods, furniture and furnishings as may be my individual property and not the property of my husband or owned jointly by me with him, and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto my husband, DAVID W. POTTS, if he survives me for a period of thirty (30) days. Provided, however, that if my husband shall predecease me or fail to survive me for a period of thirty (30) days, then I give and bequea~h such tangible personalty and insurance thereon unto my son, JESSE D. POTTS, if he survives me. THIRD. I give, devise and bequeath all t ~ rest,~e ~d~e o rnrn and remainder of my estate, real, personal a~ ~ixec~ c~ ~ ~ ~ n ~ to ~ whatsoever and wheresoever situate, unto my ~er-I1d'UDATrh~&~W. ~~ ~ b ~ ~~ POTTS, absolutely and in fee simple, if he s~'~i~,es -tee ~'pa~, thirty ( 3 0 ) days . r , ~~ ~~, .~, --~ ~:.~ rrt :~y c°-, rn v F--~ '*7 FOURTH. If my husband, DAVID W. POTTS, shall predecease me or fail to survive me for a period of thirty (30) days, then and in that event I give, devise and bequeath all the rest, residue and rEmainder of my estate, real, personal and mixed, whatsoever and wheresoever situate, unto my Trustees, hereinafter named, IN TRUST, NEVERTHELESS, for the following purposes: A. My Trustees shall hold, manage, invest and reinvest the same and the income therefrom and may use or apply from time to time as much of the net income therefrom and the principal thereof as my Trustees, in the exercise of their sole and absolute discretion, may deem reasonable or appropriate for the comfort, maintenance, care or education (including college or other post-high school education or training) of my son, JESSE D. POTTS, or to assist my son in the purchase of a home or in the purchase or establishment of a business, and for the comfort and happiness of my daughter, JAMEE L. WERTZ, and for her funeral expenses upon her death (but not for her support), after considering all other resources available to each child, including but not limited to public resources such as Social Security Disability benefits, Veterans' Administration benefits, Medicaid and Supplemental Security Income benefits and available benefits from all other appropriate federal, state or local agencies serving the disabled. Because the needs LAW nFFIC ES MARLIN R. McCALEB - 2 - of my children may differ from time to time, distributions LAW OFFICES MARLIN R. McCALEB to them or on their behalf need not be equal or proportionate and either of my children may be wholly excluded from one or more such distributions in the sole and absolute discretion of my Trustees. Any income not distributed shall be added to and become a part of the principal. B. Notwithstanding the provisions of sub-paragraph A, above, any income or principal distributed to or for the benefit of a child who is or becomes disabled and eligible for any federal, state or local governmental financial assistance or benefits shall not disqualify him or her as the recipient of such financial assistance or benefits and shall not supplant or replace such financial assistance or benefits, but shall be for supplemental benefits or special needs not otherwise provided for by governmental financial assistance or benefits or by the providers of such services. In making any distribution, my Trustees shall take into consideration the applicable resources and income limitations of any public assistance programs for which the beneficiary is then eligible. As used in this instrument, "special needs" refers to the requisites for maintaining the beneficiary's good health, safety and welfare when, in the opinion of my Trustees, such requisites are not being provided by any public agency, office or department of any - 3 - city, county or state government, or by the federal government or any other public or private agency. Such supplemental benefits or special needs may include, by way of description and not by way of limitation, travel, entertainment, recreation, programs of training, education and treatment, spending money, supplemental dietary needs, health or dental services not otherwise provided, special equipment and gifts for family members. Entertainment and recreation may include, by way of description and not by way of limitation, vacations, trips, athletic contests, movies, the purchase and/or rental of televisions, radios, record players, compact disc players, VCR players, personal computers, computer accessories and software, movies, video tapes and other similar appliances or accessories. My Trustees shall not be obligated to expend income for such needs of any disabled child, but if my Trustees, in the exercise of their sole and absolute discretion, decide to do so, under no circumstances shall my Trustees reimburse any amounts to any federal or state governments, agencies or any subdivisions thereof. C. My Trustees shall hold all income and principal from this Trust herein free from all claims, attachments, judgements, executions and liens of every kind and nature, control or interference by or from the creditors of any beneficiary or of any government agency providing aid or LAW OF FIL ES MARLIN R. McCALEB - 4 - benefits to the beneficiary, and no beneficiary shall have any power to anticipate, assign, alienate, pledge, charge or encumber the income or principal this Trust. For purposes of determining a beneficiary's eligibility for Medicaid or any similar program, no part of the principal or undistributed income of this Trust shall be considered available to the beneficiary. LAW OFFICES MARLIN R. McCALEB D. Upon the death of my daughter, JAMEE L. WERTZ, or in the event that the terms and conditions of this Trust are challenged in Court by any governmental agency, this Trust shall terminate and the remaining balance of principal and accumulated income, if any, shall be paid over and distributed unto my son, JESSE D. POTTS. Provided, however, that if my son is not then living, then the share provided herein for him shall be paid over and distributed unto his then-living issue per stirpes, said issue to take the ancestor's share by representation and not per capita. FIFTH. I nominate, constitute and appoint my parents, MARLIN H. FORRY and JANET L. FORRY, his wife, or the survivor of them if either is not then living, Trustees of the Trust created in Item FOURTH, above; provided, however, that if both of them shall fail to qualify as such Trustees or cease so to serve, then and in that event I nominate, constitute and appoint PNC BANK, NATIONAL ASSOCIATION, to serve in their place and stead, all to serve without bond in this or any other - 5 - jurisdiction. SIXTH. I nominate, constitute and appoint my parents, MARLIN H. FORRY and JANET L. FORRY, his wife, or the survivor of them if either is not then living, Guardians of the persons of any of my above-named children who have not attained the age of majority at the time of my decease, to serve as such Guardians during their respective minorities. SEVENTH. In addition to any other powers conferred by law, my Trustees are hereby expressly authorized and empowered at all times, in their sole and absolute discretion: A. To purchase, invest in or otherwise acquire and to retain, whether originally a part of the trust estate or subsequently acquired, any and all stocks, bonds, notes or other securities, or any variety of real or personal property, including stocks or interest in investment trusts and common trust funds maintained by any bank, or interest- bearing accounts in or certificates issued by any bank, as they may deem advisable without being limited by any statute or rule of law prescribing or relating to legal investments by Trustees; and to hold or retain cash or readily marketable securities of little or no yield for such periods as they may deem advisable. The investments need not be diversified and may be made or retained with a view to a possible increase in value. B. To sell at public or private sale, pledge, LAW (1F FIC ES MARLIN R. McCALEB - 6 - mortgage, lease, transfer, exchange, convert or otherwise dispose of, or grant options with respect to, any and all property at any time forming a part of the trust estate, in such manner, at such time or times, for such purposes, for such prices and upon such terms, credits and conditions as they may deem advisable, including the right to lease such property for periods of time which may extend beyond the termination of this Trust. C. To borrow money for any purpose connected with the administration, protection, preservation or improvement of the trust estate whenever in their judgment advisable, to execute promissory notes or other obligations for amounts so borrowed, as security for the amounts so borrowed, to mortgage or pledge any real or personal property forming a part of the trust estate upon such terms and conditions as they may deem advisable. D. To vote in person or by general or limited proxy with respect to any shares of stock or other securities held by them; to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of any corporation in which the Trust may have any interest, or to the sale, lease, pledge or mortgage of any property by or to any such corporation; and to make any payments and to take any steps which they may deem necessary or proper to enable them to obtain the LAW OFFICES MARLIN R. McCALEB 7 benefit of any such transaction. E. To hold investments in the name of a nominee. F. To pay, compromise, compound, adjust, submit to arbitration, sell or release any claims or demands of the Trust against others or of others against the Trust on such terms as they may deem advisable, including the acceptance of deeds of real property in satisfaction of bonds and mortgages, and to make payments in connection therewith which they may deem advisable. G. To decide all questions as to what constitutes income or principal to apportion, allocate, charge or credit as between income or principal all receipts, discounts, premiums and expenditures. H. To make distribution of the principal of this trust estate in kind, including undivided fractional shares or interests in any property constituting a portion of said principal, or partly in kind and partly in cash, and to determine the value of any property so distributed. I. To execute and deliver any and all instruments in writing which they may deem advisable to carry out any of the foregoing powers. No party to any such instrument in writing signed by my Trustees shall be obliged to inquire into its validity, or be bound to see to the application by my Trustees of any money or other property paid or delivered to them by such party pursuant to the terms of any such LAW OFFICES MARLIN R. McCALEB instrument. J. To purchase assets from my estate at fair market value; to lend money to my estate with or without security; and to advance money to my estate, without reimbursement, for the payment of costs of administration and taxes incurred or accruing by reason of my death, except that any property or proceeds received by my Trustees that is exempt from federal or state inheritance taxes shall not be used or applied for the payment of such costs of administration or taxes. K. To repair, alter or improve any property of the trust estate. L. To add to the principal of any trust created hereunder any property received from any person by deed, will or in any other manner. M. To pay premiums of any life insurance, annuity or endowment policies which may have been retained or purchased herein and to exercise any right, option or privilege existing thereunder. N. In dividing the trust estate into shares or trusts, to allot undivided interests in any property to the several shares or trusts, and also to make investments in common for any or all such shares or trusts. O. In the exercise of their discretion with respect to the use of principal or income for any beneficiary, to take LAW OFFICES MARLIN R. McCALEB - 9 - t into account other property and income available to such beneficiary; in so doing, my Trustees may conclusively rely on written representations made to them by the beneficiary, and the judgment of my Trustees as to the amount of principal or income so used and the extent to which other resources are considered shall be conclusive as to all parties in interest. P. To exercise all powers, authority or discretion given by this Will after the termination of any Trust created hez•ein until the same is fully distributed. EIGHTH. In addition to any other powers conferred by law, my Executor or my Executors, hereinafter named, are hereby authorized to carry on my restaurant business known as "THE LUNCH BOX", for whatever period of time he or they shall think proper and for that purpose to retain and employ therein the ,capital that I may have invested therein at the time of my '',,decease, and such additional capital as he or they shall think fit to advance from time to time from my estate, with the power to employ, at such salary or salaries as he or they shall think fit, one or more beauticians and other personnel to assist in .the conduct of my restaurant business together with the power Ito do any and all things he or they deem necessary or appropriate, including the power to borrow, the power to pledge assets of my business or my estate as security for such borrowing, and the power to close out, liquidate or sell the LAW OFFICES MARLIN R. McCALEB - 10 - ,. , ~ business at such time and upon such terms as to him or them shall seem best, and my Executor or Executors, hereinafter named, shall be free from all responsibility for loss by reason of the conduct and operation of my said business. LASTLY. I nominate, constitute and appoint my husband, DAVID W. POTTS, Executor of this, my Last Will and Testament, but if for any reason he shall fail to qualify as such Executor or cease so to serve, then I nominate, constitute and appoint my parents, MARLIN H. FORRY and JANET L. FORRY, his wife, or the survivor of them if either is not then living, to serve in his place and stead, all to serve without bond in this or any other jurisdiction. IN WITNESS WHEREOF, I, GWYN M. WERTZ, have hereunto set my hand and seal to this, my Last Will and Testament which consists of twelve (12) typewritten~p}ages to each of which I have affixed my s ignature this O~f'~ day o f ~ f ~ /L , A.D., One Thousand Nine Hundred Ninety-Six (1996). ( SEAL) The preceding instrument, consisting of this and eleven (11) other typewritten pages, each identified by the signature of LAW OFFICES MARLIN R. McCALEB - 11 - ,, the Testatrix, was on the date thereof signed, sealed, published and declared by GWYN M. WERTZ, the Testatrix therein named, as and for her Last Will and Testament, in the presence ~I Iof us, who, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses i 'hereto. ~~ LAW OFFICES MARLIN R. McCALEB 12 - RECORDED t~fi~s~c 0~ OATH OF SUBSCRIBING~~-~V~TN~SS~~ S~ ~ ~ REGISTER OF WILLS C L ~ ~{ K ~ CUMBERLAND COUNTY, P$~1~4~i,~'At~jI~P T CUMBERLAND Cd., PA Estate of GWYN M. WERTZ Marlin R. McCaleb Deceased . (e~ehj a subscribing witness to (Print Names) the ~ Will ~ Codicil(s) presented herewith, (.~sl~being duly qualified according to law, depose(s) and say(s) that eke / he / ~3' was / vrfe~e present and saw the above T.est~ter /Testatrix sign the same and that sloe / he / tkx~y signed the same and that sloe / he / t~tcy- signed as a witness at the request of the "Feslattor /Testatrix in her /.ins presence r, (Signature) (Signature) (Street Address) (c=1y, state, zip) Executed in 1Register's Office Sworn to or affirmed and subscribed before me this o~ G day ~~ 1~ o ~ ~G ~,~5~~ Deputy for Register of Wills Mechanicsburg, PA 17055 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. 219 East Main Street (Street Address) Form RW-03 rev. 10.13.06 RECOR~F~ O~FtcF OF REGIST:,~ Or ~~L.S ,. OATH OF SUBSCRIBING ~~~5~~(E ~ ~~ c~.ER~ of REGISTER OF WILLS 4RAHaHS~ COEIRT CUMBERLAND COUNTY, F~~~$,~1~~., ~,~ Estate of GWYN M. WERTZ Deceased Jeanette L. Ricker, now Jeanette L. Frady , (~ek) a subscribing witness to (Print Names) the ~ Will ~ Codicil(s) presented herewith, (~ac~) being duly qualified according to law, depose(s) and say(s) that she /.he.C~lzey was / vver~ present and saw the above '~eser/Testatrix sign the same and that she / l~a~key the `pes#~rter /Testatrix signed the same and that she / ke~tl~ey signed as a witness at the request of in her /-1}is- (Signature) presence r, JyL2p~ i ~~ (signature) Je ette L. Ricker, now Jeanette L. Frady (Street Address) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this of day Deputy for Register of Wills Executed out of Register's Office Sworn to or affirmed and subscribed before me this _ C ~ day i Notary Public My Commission Expires: (Signatwe and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or ~If~~~ ~iP~IEIV~i19HV4A~ Notarial Seal Form RW-03 rev. 10.!3.06 Marlin R. McCaleb, Notary Public Meohanl~try Born, Cumberland County MY CamrrU~lort E Oec. 14, 2014 MEMBER, PENNSYLVANIl1 ASSOQA7ION f)~ NOTARIES 314 Cascade Road (Street Address) Mechanicsburg, PA 17055 (City, State, Zip)