HomeMy WebLinkAbout03-28-13 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 requests the grant of Letters in the appropriate form:
Linda C.Straub
Decedents Information
Name: Martin J.Estop File No: 2143 •-03143
a/k/a: (Assigned by Register)
a&Ja:
a/k/a: Social Security No:
Date of Death: 0311012013 Age at Death: 84
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 824 Lisbum Road,Camp Hill 17011 Lower Allen Cumberland
Street address,Post Office e10 Zip Code City,Township or Borough County
Decedent died at 503 N.21st Street Camp Hill Cumberland Pa
Street address.Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedents property at death:
•domiciled In Pennsylvania...................... All personal property $ Loot O(7 O
•not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsyl vania................................................................... $
TOTAL ESTIMATED VALUE $ 100 1 000
Real estate in Pennsylvania situated at
(Affach afthonal sheets,it necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
®A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)avers)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 09125/2012 and Codicil(s)
thereto dated none
State relevant Circumstances(e.g.,renundation,death of axeculor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not ma 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.
®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.,pedente ' ,durante a dare""ate
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If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. ---I GJ
Except as follows:Decedent was not a part y to pending divorce proceeding wherein the grounds for divorce h fl eAabli>�as defiW
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. x —4 C7
� y r— ry rl� rn
❑NO EXCEPTIONS ❑ EXCEPTIONS co :JI C3
Pettioner(s),after a proper search hasthave ascertained that Decedent left no Will and was survived by the foil npp� se("y)a15A h*(attach
additional sshheets,if necessary): 7 -rt
Name Relationship Address r Fee
Form RW-02 rev.10-11-2011 Copyright(c)2011 loan software Doty The Ladmer Group.Inc. Page t of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Linda C.Straub 40 E.Keller Street
Mechanicsburg,PA 17056
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of th oe nt,Pe'ioner(s ll well d ruy administer the estate aaco ing to law.
Sworn to or affirmed and subscribed before Date
me thisa O-da of Date
By: -1 Date
Fcc the Rap J Date
BOND Required? ❑ YES L"J NO To the Register of Wills:
FEES: n I0r U1 Please enter my appearance by my signature below:
Letters......................................... $ Attorney Signature:
)Short Certificate(s)......._ -
( )Renunciation(s).............. S (17
( )Codicil(s)........................
( )Affidavit(s)...................... Printed Name: Jessica L Fisher
Bond............................................. Supreme Court
Commission................................. ID Number: 310018
Other bo
n (� Firm Name: Keystone Elder Law P.C.
Address: 555 Gettysburg Pike
STE C-100
Mechanicsburg,PA 17055
Phone: 717-697-3223
Automation Fee............. ..............
Fax:
JCSFee.......................................
TOTAL......................................... $ L., E-mail: Jessica@keystoneelderlaw.com
DECREE OF THE REGISTER
Date of Death: 031`11012013
Estate of Martin J.Estop File No: 2143 •- (o P�
alk/a:
AND Now, 020 in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Linda C.Straub
in the above estate and(if applicable)that the instrument(s)dated 09125/2012
described in the Petition be admitted to probate and filed of record as th t Will and C licii(s))
R ister of Wills
Copyrin )2011 form software only The Lackner Grou ,Inc. Pepe 2 of 2
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OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of Martin J. Estop pDecernsed
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David D. Nesbit
(each) a subscribing witness to
(Pnnf Namara)
the ® Will ❑ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s)and
say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same
and that she/he/they signed the same and that she/he/they signed as a witness at the request of
the Testator/Testatrix in his/her presence and in the presence of each other.
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(Signature) (Signature) David D.Nesbit
555 Gettvsbura Pike STE C-100
(Street Address) (mast Address)
Mechanicsburg,Pa, 17055
(COX die.zip) (city.State,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed
before me this day before me thic J day
of of Mmrc 1 , Z-1013 .
Deputy for Registerof,Wills Notary Public
My Commission Expires:
_ (SIBneWle and seal of Notary or outer Offleial stifled t0
administer oaths. Straw date of e)q"
NOTARIAL SEA.
PAULA K WHITE
NM y POW
UPPER ALLEN TWR.CUMBERLAND COUNTY
My CommHalm Erplfa Apr 5,2010
NOTE: To be taken by Ofricer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization.
Form RW-03 Rev.io-i3-2oos Copyright(c)zoos form software only The Lackner croup.Inc.
RENUNCIATION
REGISTER OF WILLS OF COUNTY, PENNSYLVANIA
Estate of Martin J. Estop , Deceased
in my capacity/relationship as
Reo sa2 SP r*0Ai A , of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
L:��da c . Sfi�ayb
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10,5 Noc l ylu-
(Streat Address)
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(CUy,State.Lp)
Executed in Register's Office Executed out of Register's Office
Swom to or affirmed and subscribed Before the undersigned personally appeared the
before me thi- day party executing this renunciation and certified
that he or she executed the renun 'abon for the
of purposes stated within on tfais�, lay
Deputy for Register of Wills IN ''00 O N171H3sy�Q�ry Public
.L n o o ,S N�Hd a" y Commission Expires:�u.�.e. `� mo of
of woration of continiamon.)
20 z Wd 82 aw �I9
NOTARIAL SEAL
Sl It19 j0 ulslsl3N MARCIA M NESBIT
j0 301-430 Notary Public
Form RW-00 rtes•.iai3-zoos 3n �'0 UPPER ALLEN TWP..CUMBERLAND COUNTY
c°°'�°M °�zoos Bann sottwxs me Lackner Group.Inc. My Commission Explfas Jun 4,2014
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LAST WILL AND TESTAMENT C
OF
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MARTIN J. ESTEP 77: U' ;' c•
1, MARTIN J. ESTEP, currently residing at 210 West Marble Street, Mech64kc 66tt, Cumber-aria;
County, Pennsylvania, declare that this is my Will and I revoke all other Wills and Codicils rth'at I (lave°
made. c-7*
ARTICLE I
FAMILY
1.01. IDENTIFICATION OF MY FAMILY
1 declare that 1 am married to Alvena Estep and that I have two children: Linda C. Straub and
Janet K. Ulmer.
1.02. DEFINITION OF FAMILY TERMS
As used in this Will, the term"my spouse" shall mean only Alvena Estep. As used in this Will, the
term"my children" refers only to the above-referenced children set forth in Paragraph 1.01. The term
"my children" excludes all other persons. For purposes of inheritance from me, the "children" of an
individual shall be interpreted to include persons who have been legally adopted by the individual but
shall exclude stepchildren who have not been legally adopted.
ARTICLE 2
PAYMENT OF DEBTS AND TAXES
2.01. PAYMENT OF DEBTS
I direct my Personal Representative(s) to pay all of my debts that my Personal Representative(s)
in my Personal Representatives'sole discretion may allow as claims against my estate.
2.02. PAYMENT'OF TAXES
I direct my Personal Representative(s) to pay out of the principal of my residuary estate all
inheritance, transfer, estate, and similar taxes (including interest and penalties), assessed or payable
by reason of my death, on any property or interest in property that is included in my estate for the
purpose of computing such taxes. My Personal Representative(s) shall not require any recipient of
such property or interest in such property to reimburse my estate for taxes paid under this paragraph.
ARTICLE 3
DISTRIBUTION OF ESTATE TO BENEFICIARIES
3.01. SPECIFIC BEQUEST TO SUPPORT TRUST FOR SPOUSE
If my spouse survives me by one hundred seventy(170)days, I give, devise,and bequeath to my
Trustee, hereinafter named, for the benefit and support of my spouse, cash, securities, or other
property of my estate, including, without limitation, personal property and effects, having a value
equal to the amount, if any, that my spouse would be entitled to receive if my spouse exercised my
spouse's elective share rights as set forth in section 2201, et seq. of the Pennsylvania Probate,
Estates, and Fiduciaries Code (the "PEF Code"); provided that the amount of this bequest shall be
reduced to the extent my spouse has waived the right to elect under PEF Code Section 2207 or
forfeited the right to elect under PEF Code Section 2208. In determining the amount of this bequest,
my spouse shall be deemed to have elected, pursuant to PEF Code Section 2204(c), to retain all
beneficial interests in property that my spouse would otherwise be required to disclaim if my spouse
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exercised my spouse's elective share rights. Contingent upon my spouse surviving me by said one
hundred seventy (170) days, it is my intention that, as a result of my death, my spouse shall receive
property having a value equal to (but not more than) that which my spouse would receive if my
spouse were to exercise my spouse's elective share rights. My Personal Representative(s)shall have
the sole and exclusive discretion to select the assets that shall fund this bequest.
If my spouse does not survive me by one hundred seventy (170) days, this bequest shall be
distributed as part of the residuary estate.
This bequest to my spouse shall be distributed, in trust, to my hereinafter-named Trustee to be
held, administered, and distributed as follows:
a. During the term of the trust, the Trustee shall pay to or apply for my spouse's benefit all
of the net income and principal of the trust estate. In addition, upon request of my spouse, the
Trustee shall terminate the trust and distribute all of the trust principal and accumulated income of the
trust estate to my spouse. In the event that my spouse is incapacitated, the Trustee shall make all of
the income and principal of the trust estate available to my spouse to provide for the support,
maintenance, and health of my spouse.
b. All principal and any accumulated income that remains in the trust estate upon the death
of my spouse shall be paid as an addition to the shares of the beneficiaries of my residuary estate in
proportion to their interests in my residuary estate.
C. The purpose of this trust is to provide for investment and management of that portion of
my estate that is distributed to my spouse due to my belief that my spouse may need the Trustee's
assistance with said investment and management.
3.02. DISPOSITION OF RESIDUARY ESTATE
All of the rest, residue, and remainder of the property that I own at the time of my death, both real
and personal, of every kind and description, wherever situated, to which I may be legally or equitably
entitled at the time of my death (my "residuary estate"), I give to my Personal Representative as
Trustee in Separate Trust, subject to the provisions of 3.04, below. In the event my spouse fails to
survive me by 170 days, all of the rest, residue, and remainder of the property that I own at the time
of my death, both real and personal, of every kind and description, wherever situated, to which I may
be legally or equitably entitled at the time of my death (my"residuary estate"), I give in equal shares
to my children, LINDA C. STRAUB and JANET K. ULMER. In the event that either/any of my children
should fail to survive me, I direct that his or her share of my estate shall be paid in equal shares to
those of his or her children who do survive me.
3.03. TRANSFERS TO CUSTODIANS FOR BENEFICIARIES UNDER THE AGE OF
TWENTY-FIVE(25)YEARS
In the event that any beneficiary of my estate is under the age of twenty-five (25) years at the
time of distribution to the beneficiary, my Executor, or other Personal Representative or Trustee, (as
the case may be)shall be permitted to make an irrevocable transfer to a Custodian for the beneficiary
until age twenty-five (25) under the Pennsylvania Uniform Transfers to Minors Act (Title 20
Pennsylvania Consolidated Statutes, Chapter 53) or under any similar law of another jurisdiction
related to gifts or transfers to minors, to be held by the Custodian for the beneficiary pursuant to the
terms of said Act. My Executor, or other Personal Representative, or Trustee (as the case may be)
shall have the authority to designate the Custodian for the beneficiary in accordance with Title 20
Pennsylvania Consolidated Statutes§ 5305(c).
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3.04. SUPPLEMENTAL NEEDS TRUST FOR MY SPOUSE
I give to my Personal Representative as TRUSTEE IN SEPERATE TRUST, all of the rest, residue, and
remainder of the property that I own at the time of my death, both real and personal, of every kind and
description, wherever situated, to which I may be legally or equitably entitled at the time of my death and 1
direct the Trustee to retain, invest, reinvest and distribute, any income and principal of the trust share set
aside for my wife, as follows:
a. The Trustee may, in the Trustee's sole discretion,distribute for the benefit of my wife,
discretionary amounts of principal for supplemental needs not otherwise provided by
governmental financial assistance and benefits or by the providers of services. Such
amounts shall not be distributed directly to such beneficiary.
b. "Supplemental needs" refer to the requisites for maintaining the good health, safety and
welfare of such beneficiary when in the discretion of my Trustee such requisites are not being
provided by any public agency, office or department of any state or of the United States.
"Supplemental needs"shall also include, but not be limited to, medical and dental expenses,
annual independent check-ups, equipment, programs of training, education, treatment and
rehabilitation, private residential care, transportation (including vehicle purchase),
maintenance, insurance and essential dietary needs. "Supplemental needs" may include
spending money, electronic equipment such as radios, record players, television sets,
computer equipment, camping, vacations, athletic contests, movies, trips and money to
purchase appropriate gifts for relatives and friends.
C. The Trustee shall have no obligation to expend trust assets for such needs, but if the Trustee
in its sole discretion decides to expend trust assets, under no circumstances should any
amounts be paid to or reimbursed to the federal government, any state or any governmental
agency for any purpose, including for the care, support and maintenance of my wife.
d. No part of the trust share set aside for my wife shall be used to supplant or replace public
assistance benefits of any state or federal agency which has a legal responsibility to serve
persons with illnesses or handicaps which are the same or similar to the disorders of such
beneficiary.
i
e. No interest in the principal or income of the trust share set aside for such beneficiary shall be
anticipated, assigned or encumbered or shall be subject to any creditor's claim or to legal
process prior to its actual receipt by my wife. My wife is specifically prohibited from any right to
receive, demand, secure, give, assign, transfer, mortgage, borrow against or will any trust
assets or income.
f. It is my intention to conserve and maintain this trust share for the supplemental needs of my
wife. Therefore, no part of this trust share, neither principal nor undistributed net income, shall
be subject to the claims of voluntary or involuntary creditors for the provisions of care and
services, including residential care by any public entity, office, department or agency of any
state or government agency or of the federal government of the United States.
g. In the event it is determined by either a court or an authority of competent jurisdiction that
these trust assets render my wife ineligible to receive any governmental assistance
benefits, or if the Trustee in its sole discretion determines that notwithstanding the
provisions set forth above, this trust share may be subject to garnishment, attachments,
execution or bankruptcy proceedings by a creditor of such beneficiary or by the federal or
3
state government or any agency or subdivision thereof, then my Trustee shall terminate the
trust share set aside for my wife and distribute the remaining principal and accrued income
pro rata to my residuary heirs under Section 3.02, above, the contingent beneficiaries.
h. I request but do not direct that the contingent beneficiaries conserve, manage and distribute
the proceeds of the former trust share set aside for my wife in accordance with the
provisions as set forth above.
I. In determining whether the existence of the trust share has the effect of rendering my wife
ineligible to receive any governmental assistance benefits, the Trustee is hereby granted full
and complete discretion to initiate administrative or judicial proceedings for the purpose of
determining eligibility. All costs related thereto, including reasonable attorney's fees,shall be a
proper charge to this trust share of my wife.
j. If my wife should die before the complete distribution of this trust estate, this trust shall
terminate and the Trustee shall distribute the balance of the trust property to my residuary
heirs under Section 3.02,above,my contingent beneficiaries.
ARTICLE 4
FIDUCIARIES
4.01. EXECUTOR or Personal Representative(s)
I appoint my daughters, LINDA C. STRAUB AND JANET K. ULMER, to be Personal
Representative(s)of my estate.
4.02. TRUSTEE
1 appoint my daughters, LINDA C. STRAUB AND JANET K. ULMER, to be Trustee of every trust
and trust share established under this Will.
4.03. WAIVER OF BOND
None of the Personal Representatives, Guardians, or other Fiduciaries named in this Will shall be
required to furnish bond for the faithful performance of his or her duties.
ARTICLE 5
SUCCESSOR TRUSTEES
5.01. RESIGNATION OF TRUSTEE
Any Trustee may resign by giving written notice, specifying the effective date of the resignation,to
the beneficiaries then entitled to the trust income.
5.02. APPOINTMENT OF SUCCESSOR TRUSTEE
if all Trustees named in this instrument are unable or refuse to act, a successor Trustee may be
appointed as Trustee by a written instrument delivered to the successor Trustee and signed by my
daughters, LINDA C. STRAUB AND JANET K. ULMER, or the survivor of them. No successor
Trustee shall be liable for acts, defaults, or omissions of any prior Trustee. Any successor Trustee
with the written approval of the persons appointing the successor Trustee shall accept as correct
without examination the accounts rendered by the prior Trustees and property delivered by the prior
Trustees without incurring any liability. Nothing in this paragraph shall be construed as requiring the
naming of a successor Trustee as long as any Trustee named in this instrument shall continue to act
as Trustee hereunder.
i
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5.03. POWERS OF SUCCESSOR TRUSTEE
Any successor Trustee shall have the title, duties, powers, and discretion as the Trustee
succeeded without the necessity of conveyance or transfer.
ARTICLE 6
POWERS OF ADMINISTRATION
6.01.
My Executor or other Personal Representative, my Trustees, and Guardians (all of whom are
hereafter sometimes referred to as my "Fiduciaries") in regard to the administration of my estate, the
administration of the trust and trust shares created under this Will, and such other actions as may be
taken by my Fiduciaries, shall have the powers and authority set forth in this Article. These powers
may be exercised by my Fiduciaries in the Fiduciary's sole and absolute discretion, without the
permission or order of any court. These powers shall be supplementary to the powers conferred by
law, including but not limited to those set forth in Title 20, Chapter 33, of the Pennsylvania
Consolidated Statutes.
6.02.
If a Fiduciary is at any time required to make payments of principal or income to or for the benefit
of any beneficiary who is a minor, or is an incompetent or incapacitated person, or is a person whom
the Fiduciary in his or her sole discretion deems unable to handle funds properly or wisely if paid
directly to the beneficiary, the Fiduciary in his or her sole discretion and without court approval may
make payments in any one or more of the following ways:
a. Directly to the beneficiary;
b. To the natural Guardian or legally appointed Guardian of the Person or Estate of the
beneficiary;
C. By making expenditures directly for the care, support, maintenance, or education of the
beneficiary;
d. To any person or organization furnishing care, support, maintenance, or education for the
beneficiary;
e. To any custodial parent of a minor beneficiary;
f. Directly to creditors in payment of the debts and expenses of the beneficiary;
g. To a Custodian for the beneficiary under any law related to gifts or transfers to minors,
including to my Executor or Personal Representative in that capacity;
h. To an Attorney-in-Fact authorized to act for the beneficiary pursuant to a Durable Power of
Attorney.
The Fiduciary shall not be required to see to the application of any funds paid or applied in any of
the aforementioned ways and the receipt of the payee shall be full acquittance. The decision of the
Fiduciary with regard to the selection of which of the aforementioned methods should be used in
making payments shall be conclusive and binding on all parties concerned.
5
6.03.
My Fiduciaries shall have the power to invest in, accept and retain any real or personal property,
including stock, savings, checking, and other accounts of a corporate Fiduciary or its holding
company,without restriction to legal investments.
6.04.
My Fiduciaries shall have the power to sell, exchange, partition, or lease for any period of time
any real or personal property and to give options therefor for cash or credit,with or without security.
6.05.
My Fiduciaries shall have the power to borrow money for any estate purpose from any person
including any Fiduciary acting hereunder and to mortgage or pledge any real or personal property.
6.06.
My Fiduciaries shall have the power to hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or depository, or in book entry form or
unregistered or in such other form as will pass by delivery.
6.07.
My Fiduciaries shall have the power to engage in litigation and compromise,arbitrate, or abandon
claims.
6.08.
My Fiduciaries shall have the power to make distributions in cash or in kind at current values, or
partly in each, allocating specific assets to particular distributees on a non-pro rata basis and for such
purposes to make reasonable determinations of current values,
6.09.
My Fiduciaries shall have the power to make elections, decisions, concessions, and settlements
in connection with all income, estate, inheritance, gift or other tax returns and the payment of such
taxes, without obligation to adjust the distributive share of income or principal of any person affected
thereby.
6.10.
My Fiduciaries shall have the power to retain uninvested cash, in such amounts and for such
period of time as the Fiduciaries shall deem advisable for the proper administration of the property.
6.11.
My Fiduciaries shall have the power to manage, control, improve, and repair real and personal
property belonging to the estate.
6.12.
My Fiduciaries shall have the power to employ an accountant, attorney, investment adviser,
broker, tax specialist, or any other Agent deemed appropriate in the discretion of the Fiduciaries,
including persons associated with or employed by any Fiduciaries, and to pay from the estate
reasonable compensation for all services performed by any of them.
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6.13.
My Fiduciaries shall have the power to borrow money for any estate purpose from any person,
firm, or corporation, including one acting as a Fiduciaries hereunder, on the terms and conditions
deemed appropriate by the Fiduciaries and to obligate estate and trust assets for repayment; to
encumber the estate or any trust or any property thereof by mortgage, deed of trust or otherwise,
using whatever procedures to consummate the transaction deemed advisable by the Fiduciaries; and
to replace, renew, and extend any encumbrance and to pay any loans or other obligations of the
estate deemed advisable by the Fiduciaries.
6.14.
Notwithstanding any provision of law to the contrary, my Fiduciaries shall be authorized to invest
in all forms of real and personal property of every kind, without restriction to investments authorized
for Fiduciaries and without regard to any principle of diversification or risk, as the Fiduciary shall
determine to be appropriate in the Fiduciary's sole and exclusive discretion.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.01.
As long as any income or principal to which any beneficiary under my Will may be entitled
remains in the possession of the Fiduciary and is not actually distributed to the beneficiary, such
income or principal shall not be subject to anticipation or alienation by the beneficiary, by assignment,
or by any other means (except as specifically authorized herein), and it shalt be free and clear of the
beneficiary's debts and obligations and shall not be taken, seized, or attached by any process
whatsoever.
7.02.
Whenever appropriate in this Will, the singular shall be deemed to include the plural and vice
versa; and the masculine shall be deemed to include the feminine, and vice versa, and each of them
to include the neuter, and vice versa.
7.03.
For all purposes hereunder, the word "property" shall be deemed to include real and personal
property and any interest of any kind in any real or personal property; and the word "give" shall be
taken to include the words "devise" and "bequeath" wherever appropriate in order to effectuate the
testamentary transfer of real or personal property.
7.04.
For all purposes hereunder, the terms "Executors," "Trustees," "Guardians," "Personal
Representatives"and "Fiduciaries," and the singulars thereof, shall apply, respectively, to those who
are then entitled and qualified to act as such, whether originally appointed, remaining, substituted, or
succeeding.
7.05.
No individual Trustee appointed under this Will shall at any time be held liable for any action or
default of himself or his Agent or of any other person in connection with the administration of the trust
estate, unless caused by his own gross negligence or by the willful commission by him of an act of
breach of trust.
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7.06.
The Trustee shall receive reasonable fees for the ordinary and extraordinary services rendered
by the Trustee.
ARTICLE 8
MERGER,CONSOLIDATION,AND DIVISION
8.01.
For convenience of administration or investment, the Trustee of any trusts created hereunder
may:
a. Invest the assets of multiple trusts in a single fund, assigning them undivided interests in
such common fund, dividing the income proportionately and accounting for them separately;
b. Merge or consolidate any trust created hereunder together with any other trusts having
the same Trustee and substantially the same dispositive provisions;and
c. Divide any trust created hereunder into two (2) or more separate trusts, each such trust
to contain a fractional share of the assets of the trust before such division.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this °`' day of
2012.
MARTIN J. ESTEP
SIGNED, SEALED, PUBLISHED AND DECLARED BY MARTIN J. ESTEP, the above named Testator,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.
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Witness Wit s
PAZ-
Address Address
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ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
I, MARTIN J. ESTEP, the Testator whose name is signed or represented by my mark to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed or made my mark and
executed the instrument as my Last Will, and that I executed it willingly and as my free and voluntary act for the
purposes therein expressed.
v1-cr
MARTIN J. ESTEP
Sworn to or affirmed and acknowledged before me, by MARTIN J. ESTEP,the Testator on
PA Attomey
9
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
I, JDf9n W a witness whose name is signed to the attached or
foregoing instrument, being duly sworn and qualified according to law, do depose and say that I was present and
saw the Testator sign or make his mark and execute the instrument as his Last Will; that he had executed the
instrument willingly and executed it as his free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the Testator, signed the Will as Witness; and that to the best of my
knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind and under no
constraints or undue influence.
Witne
Sworn to or affirmed and acknowledged tie re me, by - r+ W' �� a Witness on
Notmyf''t7blicor"PA Attorney
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND :
I, David D. Nesbit, a witness whose name is signed to the attached or foregoing instrument, being
duly swom and qualified according to law, do depose and say that I was present and saw the Testator sign or
make his mark and execute the instrument as his Last Will;that he executed the instrument willingly and executed
it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing
and sight of the Testator, signed the Will as Witness; and that to the best of my knowledge the Testator was at
that time eighteen(18)years of age or older, of sound mind and under no constraints gr undue influence.
Witness
Sworn to or affirmed and acknowledged before me, by David D. Nesbit, a Witness on
' AW414 ut. 20!2_
Notary Public
CERTIFICATION NOTARIAL SEAL
MARCIA M NESBIT
COMMONWEALTH OF PENNSYLVANIA Notary Public
: SS: UPPER ALLEN TWP.,CUMBERLAND COUNTY
COUNTY OF CUMBERLAND My Commission Expires Jun 4,2014
On (T*�'6 y� 2012, before me the undersigned officer, personally appeared David D.
Nesbit, Esquire (Pennsylvania Supreme Court ID No. 77411), known to me or satisfactorily proven to be a
member of the bar of the highest court of Pennsylvania and certified that he was personally present when the
foregoing acknowledgement and affidavit(s)were executed by MARTIN J. ESTEP and witnesses.
IN WITNESS WHEREOF, I hereunto set me hand and official seal.
Notary Public
NOTARIAL SEAL
MARCIA M NESBIT
Notary Public
UPPER ALLEN TWP.,CUMBERLAND COUNTY
My Commission Expires Jun 4,2014
11