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Home My WebLink About05-31-13 . _ _ Reset PETITION FOR GRANT OF LETTERS REGI5TER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 yeazs of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and xespectfully request(s)the grant of Letters in the appropriate form: Decedent's Information (►, �� ( Name: Richard 1JH�.t� /'yC.Fay,�- � cl R- File No: oZ I ' I o� ' I I L(,Q afkJa: 1-C.k►Rno �-1u�.e-� rL (Assigned by Register) a/k/a: � _� " �a: Social Security No� Date of Death: Z ZO 1 � Agc at death: _ Decedent was domiciled at death in Cumbecland County,pennSylvania (Srare> witU hisJher last principal reSidence at 742 Vallev Road. Enola, PA 17025 East Pennsboro Cumberland Street address,Po/s`t Office and'Lip Code �J L'ity,Township or Borough CpouAnty Decedent died at�^'`� � . V�TIiUI�+�t�'�G lT�» �F}t,P�y.- !"/y Stree[addrees,Poat Office aod Zip Code City,Township or Borough Coonty State Estimate of vaWe of decedenPs property at death: ljdomrciled in Pennsy(vania... . . . . . .. . .. . . . . . . .. . . .. . . . All personal property $ 5,314.00 If nat damiciled in Pennsy/vania. . . . . . . .. . . . . . . . . . . . . . . . Personal propedy in Pennsylvania $ If not domici[ed in Pennsylvania. . . .. . . . . . . . . . . . . . . . . . .. Personal property in County $ Valueofrealestalein Pennsylvania.. . . . . . . . . . . . . . . . . . . .. . . .... . . . ... .. .. . . .. . .. . ... . . ... . . . $ TOTAL ESTIMATED VALUE. .. . � 5.314 00 Real es[a[e in Pennsylvania situa[ed at (Altach addifional sheefs,ifnecessary.J titrue[addresa,Poet Office aud 7.ip Codc C�ty,"POwnshiQ or Baemgh County � A. Petition for Probate and Grant of Letters Testamentarv �� j Z6(�� Petitioner(s)aver(s)he/she/(h�y ig/are the Executor(s)named in the last Will of the Decedent,dated �� and Codicil(s) thereto dated �� f"�' State reAevant circumatances(cg.renunNation,death of uen�tor,ete) Hxceptasfollows: aftertheexecutionoftheinstrument(s)offeredforprobateDecedentdidnotmarry,wasnotdivoreed,wasnotapartytoapending 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;a�d Decedent was neither the victim oT a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS Q EXCEPTIONS 0 B. Petition for Grant of Letters of Administration (IfapplicableJ c.t.a.,d.b.n.,d.b.n.c.(.a.,pendenfe file, dur�nte obseatia,durante minoritate IF Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein[he grounds for divorce had been es[ablished as defined in 23 Pa.C.S.§ 3323(g)and was neither che victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),aRer a proper search h:�s/have ascer[ai ned that Deceden[left no Will and was survived by the following spouse(if any)and heirs(attach add[tional sheets,if necessaryJ: Name Relationshi dass �' �t � UJ - '�:� _ d �'` 77 �'T� ;- c.; —c ;., r� r. � ; �,.,, c.� - , ��> �-' :_ .. = �� - > __ _ , , r , . . u� ;9 Fo.meiv-nz ,ev. rornizn�i Page 1 of2 . __ Oath of Personal Representative Official OseOnly COMMONWEALTHOFPBNNSYLVANIA } } SS: couxrYOF ; � ;EC�7;�;�;='; C};-;�ICr OF ;�!_z,�::; , tJr :.� Petitioner(s)Pri�ted Namc Peti�ioner(s)Pcinted Address �.�tr�a � '1`t- A��le. ST .., ��. j� irt`�+1�L` � �5 u�?:�:;,�,as ��;J,,.� hiDL�DL;''.i'�!i) �� , �'`� The Petitioner(s)above-named swear(s)or a�rm(s)the stntemcnts in the foregoing Petitiun a true and wrze��ct tu the best of the knowledge and belief of Petitioner(s)and that,as Pec�sonal Representative(s)oC th ece �nt,th Pet'i er(s w a d t adpfyhister the estate according to law. Swom to or affirmed and subscribed before � Dace �j-��0�'� me d/a�y of �� Date BY' � .��Y� � �,��–,��a--�— �,— Da[e FortfieRebislrr . Date BOND Requircd: Q YRS (�`l, NO To the Aegister of Wills: FEES: Please enter my appearance by my signature beiow: Letters . . . . . . . . . . . . . . . . . . . . . . $�_ Attomey Signalure'. ( ) Short('ertifica[c(s). . . . . . � � C )Renunoiation(s).. . . . . . . . �. � ( )Codicil(s). . . . . . . . . . . . . ( )Affidavil(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Robert T. Balaban,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 68920 . . . . . . . . �S . . . . . . . . lh Firm Name: Cialaban Law Group Y . . . . . . . . l �j Address: 27 N. Frnnt StreeL . . . . . . . . Narriebnr�,PA 17101 Phone: 717.920.9565 Automation Fec. . . . . . . . . . . . . . . jj�� Fax: 717.757.1599 JCS Fee. . . . . . . . . . . � Email: hohbalabanec rn�nl rnm . . . . . . . . . . TOTAL. . . . . . . . . . . . . . . . . . . . . $ C DECRF,E OF THE REGISTER Estate of Richard File No: _�I` �a —�� I� a/k/a: AND NO�', �� ,�, in consideration of the foregoing Petition, satisfaetory proof havin een presented before me, IT IS DECREED that Letters are hereby grantcd to �� in the above estate and(if applicable)that the instrument(s)dated described in thc Petition be adm�tted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. �tt� � �rna� � Register of Wills �D r D�u��(Q�(�C� Fo.maw-oz .�-�. ia�nizmi � aga 2 of2 .;,�.� <-��. .. � . . . . . . . . _ _ . . . . . . . .. �.. . i LA5T WILL AND TESTAMENT c �--> �^ m , o �'� c.+ s .� _ c:+ ,.� OF n, :v � _ : c,�: ;, _ . ._ . , � _ ... ;� r_ .,, :� � ..:�-, - � .., ., , _.� RICHARD D.PICKEL . • c.� � i , ; , � � . I,Richard D.Pickel,of 742 Valley Road,Enola,Pennsylvania 17025,being of sound mind and memory, do hereby make,publish and declaze this to be my Last Will and Testament. FIRST: I hereby revoke all Wills and Codicils thereto by me at an,y time heretofore made. SECOND: I direct that all my legal debts, my funeral expenses and the costs of administration of my estate be paid as soon as practicable after my death. I direct that my Executor pay out of my estate,as a general chazge thereon,a11 inheritance,estate,succession and other taxes, together with any interest or penalty thereon assessed by reason of my death with regazd to all properties and assets subject to such taxes,whether or not such proper[y and assets pass under this Will. THIRD: If my wife,Judith A. Pickel,survives me for a period of thirty(34)days,I hereby give, devise and bequeath my estate,real,personal or mixed,tangible or intangible, of whatsoever kind and wheresoever situated, together with any property to which I msry have any power of disposition or appoinhnent and whether acquired during or after my lifetime, together with all policies of insurance thereon,which shall be comprised of the smallest fractional share of principal which, then added to all assets otherwise passing or having passed to my said spouse which aze includable in my gross estate and qualify for the marital deduction, will reduce the Federal Estate Taac payable because of my death to zero ($0.00), aRer taking into account all other deductions allowed on my Federal Estate Ta�c Retum and all credits against the Federal Estate Ta�c. The formula � �� _ ��1 contained herein shall be determined solely by my Executor in regazd to all qualified terminable interest property for the marital deduc6on. Any provision of this Will which may appear to conflict with my intention to qualify for the marital deduction shall be construed so as to accomplish that intention. The residue ofmy estate,which would not qualify for the federal estxte tau marital deduction if transferred to my spouse, shall be held and lmown as the Richazd D.Pickel Trust("TrusY'). 1'he Trust created under this paragraph shall be held, administered and distributed by the Tmstee in accordance with this Will. The Trust shall be held and administered in trust and applied and distributed by my trustee for the exclusive benefit and enjoyment of my wife, and upon her death for the other beneficiaries hereinafter idenfified and defined, in accordance with the following terms :md conditions: (1) My trustee, from time to time, shall pay to or apply for the bcmefit of my wife such portions of all of the net income, and if that be insufficient then of the principal, as my trustee in her/his sole discretion may deem necessary to provide for her support and maintenance in the manner of living to which my wife and I were accustomed duting our joint lifetime, and to meet the expenses of maintaining my wife's hc;alth, such as medical, dental, hospital and nursing expenses azising from his illness, accident, disability or invalidism. In determining whether and to what extent such distributions shall be made hereunder, my trustee shall consider such other sources of income or support as may be available to my wife, and shall give primary attenrion to his long-term, continued caze and maintenance. All decisions regazding withdrawals,distributions,disbursements,payments, applicarions, allocarions and apportionments of income and principal from, to or for the 2 (� �� benefit of, or relating to my wife hereunder shall be made solely and exclusively by my trustee whose decision alone shall be final and binding in all events. At the end of each trust year, all net income from the Trust which during such trust yeaz was not distributed to or applied for the benefit of my husband shall be added to the principal. In addition to the above-provided discrerionary distributions,my trustee, in her/his sole discretion, may pay to my wife such amounts from the net income, and if that be insufficient then &om the principal, as during her lifetime he may request in writing. (2) Upon my wife's death, all of the remaining principal and undistributed income of the Trust shall be distributed equally,absolutely and free of trust,between my two(2)children, Richard D.Pickel,Jr.of4117 Nantucket Drive,Mechanicsburg,Pennsylvania and Jennifer 1-ynn Krause of 5501 Fordham Avenue,Harrisburg,Pennsylvania, in equal shares. In the event any child of mine shall fail to survive me, his/her interest in my estate shall be distributed to his/her then living children at the time of my death in share and share alike, provided such grandchild/gcandchildren have attained the age of 3C. Should any cluld of mine fail to survive me and fail to have living children at the time o:f my death, such shaze shall then lapse and such interest in my estate shall then be distributed to the surviving child. The Trust shall continue to be held and administered in hvst for the exclusive benefit of my gandchildren under the age of 35, in accordance with the following terms and conditions, so that each part allocated to a then living grandchild of mine shall consritute the principal of a separate trust and shall be held and administered by my trustee for the benefit of such grandchild as a single trust fund. From time to rime,my trustee shall distribute such portions or all oft6e net income,and if that be insufficient then of the principal,of such separate ttust 3 � � ��Q� for said grandchildren as my trustee in her/his sole discreGon may deem necessazy to provide for said grandchildren's reasonable support and maintenance, to meet the expenses of maintaining their health such as medical,dental,hospital and nursing expenses arising from illness,accident or disability,and to the extent that funds aze available from the separate trust to provide them with an education(including without limitation vocational,college,post- graduate and professional education), and furthermore to the extent that funds aze srill available Ten Thousand and OOf 100($1 Q000.00)Dollazs toward the purchase of a primary residence provided this grandclrild has attained the age oftwenty-two(22)and as determined solely by the Trustee. 1n detertnining whether and to what extent such disuibutions shall be made hereunder,my trustee shall not be required to treat equally the gcaudchildren for whom such separate trust is held hereunder but shall consider the respective needs of each such grandclvld and the other sources of income or support as may be available to each of them. At the end of each trust yeaz,all income from such separate trust which during such trust year was not distributed to or applied hereunder for the benefit of such grandchild shall be added to the principal of such sepazate trust. When the youngest of such living grandchildren for whom such separate trust is held attains the age of twenty-five(25)yeazs or at time of my death, whichever is later, all property then held in such separate trust shall be allocated among and dishibuted,absolutely and free of ttust,to those such grandchildren who as then living,in equal shazes,one-third(1/3)of the principal ofthe sepazate trust upon the youngest grandc}vld reaching the age of twenty-five(ZS)years or at time of my death;one-third(1/3) of the principal of the separate trust upon the fifth (5`") anniversary of the youngest gandchild reaching the age of twenty-five (25) years or of my death; and, the remaining 4 (�. ��o� _ balance of principal and undistributed income of the sepazate tmst upon the tenth (10`") anniversary of the youngest grandchild reaching the age of twenty.-five(25)yeus or of my death. If all of my �andchildren die before the youngest grandchild attains the age of twenty-five(25)years or at time of my death,whichever is later,then upon the death of the last of thexn to die,such trust property shall be allocated among and distributed, absolutely and free of trust, to those of my issue then living,per srirpes;provided, that if any of then living issue of mine who is entitled to receive a share of such trvst property is also a beneficiary of a separate hust hereunder, then his or her said shaze shall be added to and administered as a part of such separate trust for the benefit of such issue in accordance with the provisions hereof. FOURTH: If my wife predeceases me, I hereby give, bequeath and devise my residuary estate to my trustee hereinafter named,who shall add the same to all other property,if any,payable or received by my trustee upon or in consequence of my death in any manner other than under this Will(all of which property together with my residuary estate shall be collectively known as the"trust estate"),and hold and administer the trust estate in trust and apply and distribute it for the exclusive benefit and enjoyment of the beneficiaries identified in the Tlrird provision hereof in the same manner and in accordance with the same terms and conditions as therein set forth(substituting the term"trust estate°for the term"Richazd D. Pickel TrusY'wherever the lattex therein appeazs). FIFTH: 1n the event that my wife and I die simultaneously or under sach circumstances that it cannot be established which of us died first, I shall be deemed to have predeceased my wife for all purposes under this Will. 5 � � ��p� �� SIXTH: Should any legatee or devisee under this Will die within thirty(30)days after the date of my death, such legatee or devisee shall be deemed to have predeceased me for all pwposes under this Will; if my wife survives me at my death but dies within thirty{30)days thereafter, she shall have for and during that portion of such thirty(30)day period as she in fact is alive after my death the right to the use and enjoyment as a life tenant of ail property in wluch her interest hereunder will fail by reason of her death within said thirty(30)day period. Provided,however,that the preceding sentence shall not apply to my wife or my trustee for all purposes hereunder if under the Third Provision hereofmyresiduary estate wouldpass(in the absence ofthe preceding sentence) to my hvstee rather than to my wife. SEVENTH: No statutorily provided interest shall be allowed or paid on the gifts made under this Will or on any distriburion or property made from the trust estate or by the several trusts herein created. Unless otherwise provided in this Will,all income realized b;y my estate or the trusts hereunder during the administration thereof shall be allocated among and distributed to the beneficiaries thereof in proportion to their respective shares of my estate. EIGHTH: No interest of any beneficiary hereunder in either the principal or income of my estate or any hvst created hereunder shall be subject or liable in any manner while in the possession of any of my fiduciaries to an6cipation,pledge,assignment,sale,transfer,chazge or encumbrance, whether voiuntary or involuntary, or for any liabilities or obligarions of such beneficiary whether arising from his or her death, debts, conhacts,torts or engagements of any type, NINT'H: Except as othetwise provided in this Will, any amounts, either of income or principal, which aze payable to a minor hereunder,may at the sole discretion of my fiduciaries be paid either to a pazent of such minor,to a guardian of the person or of the estate of such minor,to 6 �1bU 1 \ _ _ - the person who has custody of such minor, or directly to such minor,or may be applied for the use or benefit of such minoc The receipt by such parent,guardian, custodian or minor, or evidence of the application of such amount for the minor's benefit,shall be a full and complete dischazge of my fiduciaries to the extent of such payment or applicarion. TENTH: Except as otherwise restricted, directed or provided in this Will, and except as required by law, in the administrafion of my estate and any trasts herein created, my fiduciaries hereunder, including any guazdian herein appointed of the estate of any minor grandchild of mine, shall have the following powers,which may be exercised without leave of court,in addition to those powers as my said fiduciaries may have by law: (A)At any time,to retain all of any part of property held by them,real or personal,tangible or intangible, or mixed, or interests therein, in the form to which it may exist at the rime of my death or thereafter,including any business interest or organization whether or not owned or controlled by me, so long as in the exercise of their discrerion it may be advisable to do so, notwithstanding that said property my not be of a chazacter authorized by law, and to conduct or participate in any such business as a sole proprietorship,corporation,partnership or joint venture,even though it was not so organized or conducted at the time of my death. (B) To purchase, subscribe for, invest and reinvest, with any funds held by them, in any property,real or personal,tangible or intangible,or mixed,or interests therein,wheresoever situate,as and in such proportions as they may deem best,even though such property would not be considered appropriate or legal for a fiduciary in the absence of this provision,it being my intenrion to give my fiduciaries the same power of investment and reinvestment which I myself would possess if present and acting. (C) To sell, convey, exchange,partirion,redeem, convert, give options upon, or othenvise dispose of anyproperty,real orpersonal,tangible or intangibie,or mixed,or interests therein, at any time held by them, at public or private sale or otherwise, for cash or any other considerarion,or on credit, in such manner,to such persons,for such price, and upon such terms and conditions as they may deem best,and no person dealing with my fiduciaries shall be bound to see to the application of any funds paid to them. (D)To borrow money and to make loans,secured or unsecured,in such aznounts,upon such terms, at such rates of interest, and to or from such persons, firms or corporations as they may deem advisable,to receive,or execute and deliver,promissory notes or othet evidence 7 V " �� of obligations for loans so made,and to mortgage,pledge or encumber any properry,real or personal,tangible or intangible,of my estate or any tntsts hereundcr as secwity for any such monies borrowed. (E)To renew ar extend the time for payment of any obligation,secured or unsecured,payable to or by my estate or any trusts hereunder,for as long a period or periods of time and on such terms as they may determine, and to adjust, settle, compromise and azbitrate claims or demands in favor of or against my estate or any trusts hereunder. (F)To combine forpurposes of administration and investment any or all of the sepazate trusts created hereunder;provided however,that neither this power nor its exercise shall altet their status as sepazate trusts. (G)In dividing or distributing anyproperty,real or personal,tangible or intangible,or mixed, or interests therein,pursuant to this Will,to divide or distribute in cash,in kind,or partly in cash and partly in kind,and in shares different in kind from other shazes, as my fiduciaries may determine,and to that end to allot specific securities or other property,or an undivided interest therein,to any share or part of distributable portion. (H)To hold,manage,operate,improve,partition or subdivide any real estate which may be held by them at any time,to mortgage any such property in such amounts and on such terms as they may consider proper,to lease any such property for such term or terms and upon such condirions and rentals as they may deem advisable, irrespecfive of whether the term of any such lease shall exceed the period permitted by law or their actual or probable period of retention,and to make repairs,replacements and improvements, structural or otherwise, in connection with any such property. (n To abandon aay properry held which is of no value or which my fiduciaries may deem to be of insufficient value to warrant keeping,maintaining or protecting,and to permit any such property to be lost at ta�c sale or other proceeding. (.n To purchase and maintain insurance on the life of any income beneficiary hereunder and to pay the premiums on same out of the income to which such beneficiary is otherwise entitled,whenever and to such extent as my fiduciaries may deem advisable. (K)To retain,employ andpayagents,employees,accountants and counsel,including but not limited to legal and investment counsel or advisors, brokers, banks, custodians, and other agents,for advice and other professional services,and to delegate to them such duties,rights and powers as my fiduciaries may determine, for such time periods as they may deem necessary. 8 � � `��O 6� (L)To register any securities held hereunder at any time in their own name,in their name as fiduciary,or in the name of a nominee,with or without indica6ng the fiduciary character of the securities so registered. (M) With respect to any securiries held by my fiduciaries hereunder, to vote upon any proposition or election at any meeting of the corporation issuing such securities, to grant proxies, discretionary or othenvise, to join and participate in any merger, reorganization, readjustment,voting trustplan,consolidation,exchange or other concerted action ofhoiders of securities for the deposit of securities under agreements and payment of assessments,and to deposit any such securiries vcrith any committee, depository, tnistee or otherwise, to subscribe for stocks and bonds,to grant, obtain or exercise options, and generally exercise all rights of holders or securiries and take ail acrions with respect to any such securities as could be taken by the absolute owner thereof, and to delegate discretionary duties with respect thereto. (N) To receive, collect and recover the interest, rents, profits, proceeds, gains, and other income and eamings of and from my estate and the several trusts hereunder. (0)In dealing with the stock of any close or other corpora6on,partnership interest,or other business held by them hereunder: to disregazd any principle of interest diversification aad retain any part or all of it for so long as they may deem advisable; to do anything that they may consider appropriate with regazd to its operation, expansion,reduction, liquidation or ternunation or any change in its purpose,nature or structure;to delegate authority or duties to any director,stockholder,manager,paztner,employee or agent,and to approve its payment of reasonable compensation to any such person;to cause it to borrow money at reasonable terms from the banking departrnent of any corporate irustee hereunder notwit6standing any contrary law regarding conflict of interest; and to make addirional investments in it if such action appears to be in the best interests of the beneficiaries hereunder. (P) With respect to any policies of insurance held by them hereunder: to continue such policies in force and to pay the premiums for such policies from income or principal; to obtain the cash surrender value, if any,of any such policies which insure the lives of other and add the same to prinoipai, or convert any such policies insuring the lives of others to permanent paid-up insurance(unless in either case such policies aze specifically bequeathed in this Will); and to deal such policies in any way that my fiduciaries may detennine to be in the best interests of the beneficiaries hereunder,including without limitation borrowing against such insurance policies in order to pay the premiums thereon. (Q) To the extent permitted by law, to exercise any e(ection, right or privilege given by federal ta�c laws, or the ta�c laws of Pennsylvania or of any other jurisdietion, including but not limited to the joinder with my wife in filing income ta�c returns,the joinder with my wife in filing gift taac retums with respect to gifts made by her or me or both of us prior to my death,the consent on gift retums to have any gift made by her considered as made in part by 9 1� 1a\V l me for gift ta�c purposes, the determination of proper taxes, interest and penalties and the payment thereof even though not attributable in whole or in part to income or gifts from my property or estate and without requiring my wife, her estate or her legal representative to indemnify or reimburse my fiduciaries for ta�ces(or penalries or interest thereon)attributable to my wife,the election of altemate valuation for federal estate ta�c purposes,the election to claim deducfions for death taJC purposes or for income taac purposes without the consent of any beneficiaryhereunder,and to make or not make equitable adjustments for their exercise or non-exercise of any such elecrion,right or privilege, all without any liability on the part of my fiduciaries for so doing; in the event of any such action taken by my fiduciaries, no compensatory adjustments as between income and principal of my estate or the trusts hereunder shall be required by reason thereof,nor shall any such compensatory adjushnents or any equitable adjustments be made to the extent that such adjustments may result in the loss, in whole or in part, of the federal estate tax marital deduction for my estate under t6e Code. (R)To participate actively in the management of any corporation the capital stock of which is held by them hereunder,and to receive compensation for such services,in addition to any fees or compensarion to which my fiduciaries aze otherwise enritled as such. (S)To detemtine as to all sums of money and other things of value realized or received by them whether and to what extent the same shall be deemed to be principal or income,and as to all chazges and expenses incurred or paid by them,whether and to what extent the same shall be the same shall be charged against principal or income;provided,that this authority shall not extend or apply to assets or property passing to my wife and qualifying for the federal estate ta�c marital deduction for my estate under the Code in any case where such authority or the exercise thereof will or may result in the loss, in whole or in part, of the federal estate ta�c marital deduction for my estate. (T)To make partial distributions to the beneficiaries hereunder from time to rime prior to the fmal settlement and dishibution of my estate. (U)In general,to exercise all powers in the management of the assets and property held by them hereunder which any individual could exercise in the management of similaz propetty owned in his/her own right,upon such terms and condirions as to them may seem best,and to execute and deliver all insizvments and documents and do all acts which my fiduciaries may deem necessary or proper to carry out such management and their duties under tlus Will. ELEVENTH: Mytrustee shall accept,receive and add to the principal ofthe dvst estate any money or property which at any time may be payable,tendered, given or transferred to my trustee by any person,natural or legal,by deed,gift,Will,or in any other manner. All property received by 10 � \�`� my hvstee,whether under this Will or othenvise,shall be divided among and added to the principal of the several trusts created hereunder as provided in tivs Will, and shall be administered by my trustee in accordance with the terms and provisions herein set forth; in the absence of a specific direcuon as to the trust of which such property should become a part, my trustee shall have the discretion to allot or allocate specific secutities or other property, or an undivided interest therein, to or among any of the trusts herein created, subject to the provisions ��f this Will. Provided however,that in the event my residuary estate passes directly to my wife rather than to my hvstee under the Third Provision hereof, all property received by my trustee by reason of my death in any manner other than under this Will shall be distributed to my wife, absolutely and free of Trust,as promptly as can be done. TWELFTH: Upon my death, my trustee may exercise all rights, options, privileges and powers granted by or under any insurance policy on my life,any annuity policy,or any other benefit plan or program,the proceeds of,from or under which aze payable to my tnistee. My trustee may, without incurring any liability, compromise or settle any questions relating to the payment of any such proceeds upon those terms as my trustee may deem best. My trustee need not institute litigafion to collect such proceeds payable to it unless my trustee is reasonably indemnified for costs,counsel fees and other expenses of such lirigation. THIRTEENTH: Subject to the restrictions and other provisions contained in this Will,my trustee may, if in her/his sole discretion my trustee deems it necessary or advisable to protect or facilitate the settlement of my estate or the ttust estate,but shall have no duty or obligation to: (A) Lend money from the tntst estate to my executor, upon her/his note, with or without secutity, in such amount or amounts, and payabie at such 6me or t�mes, at such rates of 11 �`� � . interest, and with such other terms, as my trustee may deem proper; (B) Purchase with funds of the trust estate, at the mazket value thereof at the time of purchase, any securities or other property(or Qortions thereof or interests therein)tendered by my executor at any time and from time to time within a period of nine(9)months after the date of my death; if there is any difference of opinion as to the mazket value of such property,it shall be fixed by my executor and her/l�is determina6on as to such value shall be conclusively binding upon all persons claiming hexeunder or interested herein; or (C)Pay from the trust estate any taxes, or penalties or interest thereon,payable or assessed in consequence of my death,including but not limited to generation-skipping transfer taxes under the Code and prepayment of any taxes on future or remainder interests; provided however,that if my husband survives me, in no ev�•nt shall any such talces, or penalties or interest thereon,be paid from,by or with,or assigned,allocated or charged to or against Part A or the assets or property thereof. FOURTEENTH: Notwithstanding any other provisions herein contained, under no circumstances whatsoever shall the whole or any portion of: (i) any annuity or other payment receivable or received by my trustee or any other person which is wholly or partially excludable from my gross estate for federal estate tax purposes under Section 2039(c) or(e)of the Code,or which either in whole or in part is not subject to Pennsylvania inheritance or estate ta�ces under the laws of the Cammonwealth of Pemisylvania, or (ii) the proceeds payable to or received by my trustee or any other person under any life insurance policy insuring my life which either in whole or in part are Aot includable in my 12 � � �� gross estate for federal estate taac purposes under the Code,or which either in whole or in part are not subject to Pennsylvania inheritance or estate ta�ces imder the laws of the Commonwealth of Pennsylvania, be payable to or receivable by, or used for or by,paid over or lent to, or applied or distributed to or for my estate or my executor, or for the benefit of my estate or my executor, or to or for any other person or entity or for any other purpose,to the extent that under the provisions of the Code or the regulations thereunder, or under the laws of the Commonwealth of Pennsylvania, such annuiry or other payment, or life insurance proceeds, in whole or in part would be thereby subject to federal estate taxes or Pennsylvania inheritance or estate ta�ces. FIF1'EENTH: Notwithstanding any other provisions contained in this Will, if my wife survives me, my fiduciazies aze hereby directed at all times to manage, invest and otherwise administer my estate and the trusts created hereunder, and all assets and property thereof, in such manner so that it will qualify for the federal estate taac marital deduction for my estate under the provisions of the Code and the regularions promulgated from time to rime thereunder. If and to the extent that any provision or direcrion hereof or any power or authority herein conferred upon my fiduciaries, or the performance or exercise thereof,is or may be inconsistent with or contrary to the eligibiliry for the federal estate ta�c marital deducrion,or may or shall cause the loss of said marital deduction either in whole or in part,such provision, direction,power or authority,notwithstanding any other provisions of this Will or of law,is and shall be deemed to be null,void and without force or effect, and shall not be performed,enforced or exercised by my fiduciaries, as if such provision, direc6on,power or authority were not contained in this Will. �� 13 ;y�� JV � SIXTEENTH: Each trust year,my trustee shall prepare a detailed uccounting,statement of receipts and disbursements,and balance sheet reflecting all transacfions ofthe trusts hereunder for such trust year, and shall fiunish copies thereof to the beneficiary or beneficiazies of each trust hereunder not later than ninety(90) days after the end of the trust yeaz. SEVENI'EENTH: I hereby appoint my wife,Judith A.Pickel,executrix ofthis mylast will and testaznent. Should my wife be unwilling or unable, fail to qualify, or cease to act as executrix of my estate, I hereby appoint my son,Richazd D. Pickel,Jr. to serve as executoc Should Richazd D.Pickel,Jr.be unwilling or unable,fail to qualify,or cease to act as executor of my estate,I hereby appoint my daughter, Jennifer L. Krause,to serve in his place. EIGHTEENTH: I hereby name and appoint my wife, Judith A. :Pickel, to serve as my trustee of any and all of the several trusts created under this Will. Should my wife be unwilling or unable,fail to qualify,or cease to act as my trustee hereunder,I hereby appo int my son,Richazd D. Pickel,Jr. and Jennifer L.Krause,to serve as co-trustees. Should Richard D.Pickel,Jr. or Jennifer L.Krause be unwilling or unable,fail to qualify,or cease to act as my co-trustees hereunder,Richazd D. Pickel, Jr. shall serve as trustee hereunder alone or Jennifer L. Krause shall serve as trustee hereunder alone. Each gandchild sha11 become a co-trustee of any separate trust which has been established for his or her benefit under this Wi1L 1f such grandchild should be unable or unwiiling to act as said co-trustee, then the trustee named above should act alone. It is, however, my desire that each surviving gandchild of mine participate actively in the management of his or her sepazate hust hereunder and should do so if possible. However,with respect to any such surviving grandchild's sepazate trust hereunder,the income or principal of which may be distributed to or applied for the 19 � �Io benefit of such gandchild who is acting as a co-trustee of such separate trust,such grandchild shall not in any manner participate in any decision regarding withdrawals,disfibutions, disbursements, payments,applications,allocations or apportionment of income orprincipal from,to or of such trust to, for the benefit of, or relating to such gandchild, and all such decisions shall be made solely by and in the sole discretion of my above named trustee, any other provision hereof notwithstanding. However,the acting trustee shall have the authority to act on her/his own behalf to participate in any decision regardingwithdrawals,distribufions,disbursements,payments,applications,allocations or apportionment of income or principal from,to or of such trust, for the benefit of her/his self. NINETEENTH: When a"per s6rpes"distribution of income or principal to a designated individual's descendants is provided for under this Will, such income or principal shall be divided into as many equal shazes as there are then living children of such individual and then deceased children represented by descendants then living, and each then living child shall receive one share, and the shaze of each deceased child shall be divided among his or her descendants in the same manner,repeating this pattem with respect to succeeding generations unril all shazes aze determined TWENTIETH: Any executor,executrix, co-executor, co-execuhix and/or trustee named above shall not be enritled to any compensation whatsoever. TWEN7'Y-FIRST: The fiduciaries named in this Will shall not be required in any jurisdiction to file,enter or post any bond or other security for the faithful performance oftheir duties hereunder. My said fiduciazies herein nazned shall not be liable for the acts„ omissions or defaults of any agent appointed by them with due caze. 15 C9 :J� ��° � TWENTY-SECOND: I direct that my fiduciaries in this Will, in her/his discretion, to engage any law firm to represent my estate and to handle any and all matters related to the adminisiration,probate, etc. of this my Last Will and Testament. IN WITNESS WHEREOF, I, Richard D. Pickel, Testator above named, have hereunto subscribed my name and affixed my seal this_��__�y og_�7 a� �� 2008. � (SEAL) azd D. Pickel Signed, sealed,published and declared by the above-named Testator,Richazd D. Pickel, as and for his Last Will, in the presence of us and each of us,who, at his request and in his presence and in the presence of each other,have hereunto subscribed our names as witnesses thereto the day and year last written above. Name Address �-e- �1dr d.� �3�� !�� '�� ss G�a �l� 17��,5' w��'�/ ' /��"��o �� G�,.� Per� �,��-;✓� �i�of� �� I7o2� 16 STATE OF PENNSYLVANIA . SS COUNTY OF I, Richard D. Pickel, the Testator, whose name is signed to the attached or foregoing instrument,having been duly qualified according to law,do hereby aclmowledge that I si�ed and executed the instnunent as my Last Will;that I signed it willingly;and that I signed it as my free and voluntary act for the purposes therein expressed. � c �� chazd D. Pickel Swom or affirmed to and acknowledged before me,by Richazd D.Pickel,t6e Testator,tlris �day of �/��__, 2008. � . NOT Y PUBLI COMMONWcA�TFC OF PENNSYLVANIA NoWnal Seal Melissa J.Greernnood,Notary Pud� East Pennsk,om Tvq>.,0.imberland County My Comtt;issica!E+Grire;hlay 16,2011 Memher,PF?��.v��a,�rn qo: ci�tion of Notaries 17 STATE OF PENNSYLVANIA . COUNTY OF �i,�-Yl�a-�c`t-��C� ; SS We, 'fc�.lc �hcr�"� and J'�{'�1 n�C�eG� the witnesses whose names are signed to the attached or foregoing instrument,being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument 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 a wimess; and that to the best of ow lmowledge,the Testator was at the time 18 or more yeats of age, of sound mind and under no constraint or undue influence. . J � � Tf ESS C �ss � Swom or affirmed to and subscribed to before me by 1 n�le IYl (-�YlCx1-�,�'-, and �'__��el��a� cl, , witnesses, this _� Gm day of ��GJ , 2008. �� ' ��' NOTA Y PUBLIC COMMONW�ft�l H C3��VENN5YLVANIA YkoYad�l 5eal 18 Mdissa,, C ec. rood No�NPi�bfic East Pemsh �,�.,CumbeAard Co�nty My Corn:�r s .*?�ires�41ay 18,?Q11 Mr�mbcr,P�:i� - - �_ ��'�jvotarles