HomeMy WebLinkAbout09-16-13 _ .J _ __ _ _ _ _
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! PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
etitioner(s) named below, who is/are l8 years of age or older, apply(ies) for Letters as specified below, and in
s pport thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
ecedeat's Information
ame: Ma�c D.Marbain File No: /� � �
a/k/a: Ma�c David Marbain (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
ate of Deat6: September 9,20t3 Age at death: 77
ecedent was domiciled at death in Cumberland County, pennqylva�i� (Srare)with his/her last
p 'ncipal residence at 2933 Arcona Road.Mechanicsbyue.Uooer A(len Townshio.Cumberland Countv.PA U05,$
Strret�ddrees,Post Offlce antl Zip Code City,Townehip or Boroug6 County
ecedent died at 2933 Arcona Road.�echenicsbure.Uoper Allen Townshia Cumberlend Countv.PA
Str«t addresy Poet Oftice md Zlp Cotlo City,Townshlp or Borough County Slate
E timate of value of decedrnPs property at death:
/jdomicikd in Pennsylvanlu............................ Ail personal property $ 100,000.00
If not AomlcJled 7n Pennsylvania. ....................... Personal property in Pennsylvania $
/jnot domicUed in Pennsy(vania. ....................... Personal property in County $
Value of rea!esfate in Pennsylvpnta......................................................... $ i nn nnn nn
TOTAL EST[MATED VALUE. ... $ 20Q.000.00
R al estah in Pennsylvania siNaced at
( nach addi(iona!shee(s,ifnecessaryJ Strat addrms,Poet Ofllce mtl Zip Code City,Township or Borough County
A. PeHtion for Probate and Grant of Letters Testamentarv
Petitioneds)aver(s)he/she/they is/are the Execuror(s)named in the last Will of the Deceden[,dated April 16,2013 and Codicil(s)
therew dated n/a
Shte relevent circumslances(e.g,renundoNon,Aeafh ofrxecuJOr,efu)
Except es follows:after the execution ofthe instrument(s)offtred for probace DecMent did m[mazry,wes not divoroed,wes not a perty 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 cver adjudicated an incapacitated person.
A NO EXCEPTIONS �EXCEPTIONS
B. Petition for Grant of Letters of Administratlon Qf applicableJ
c.t.a.,d.6.n.,d.6.n.c.t.a.,pendeMeli�e,durante absenlia,durante minoritate
If Administration,c.ta or Qb.n.c.ta.,enter date of Will in Section A above and comolete list of heirs. ;;�
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Except as follows: Decedrnt wes not a pflrty to fl pending divorce proceeding wherein the grounds fOr divorce had I�,E n established 6s`defincd"i ,�.�
in 23 Pa.C.S.§3323(g)end wes neither the victim of e killing nor ever edjudicated an incapaci[ated person. G' O ..n C.�
�NO EXCEPTIONS �EXCEPTIONS C`� }J 'T? � � ���r
Pe[itioner(s),aRerapropersearchhes/haveascertainedthatDeceden[IeRnoWillandwassurvivedbythefollowingspou �t7ary��dhei�ttach-.-�, -;;�
addilionql sdeets,ifnecessoryJ: � µ- -� ` � .i
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I'i Oath of Personal RepresentaNve off��ai us�o�iY
�ICOMMONWEALTHOFPENNSYLVANIA } _
} SS:
COUNTY OF }
PeGtioner(s)Printed Name Pefitioner(s)Printed Address �
essica L.Marbain 2933 Arcona Road Mechanics w PA �17055
T e Pe[i[ioner(s)flbove-named swear(s)or af6rm(s)[he statemen�n[he forogoing Pe[ition are We and cortect to[he bes[of Ihe knowledge and belief
o Petitioner(s)and that,as Persona Represen[ative(s)of Ihe D edent,[he Petitione s)wi�j�II and tyru,ly�administer the estate accor mg to iaw.
S om t � irmed a ' e fo � � ((�� . (' //Q',��L1'�.!�_n,�R��
e thi e O � Date
y Date
F Date
OND Required: Q YES Q NO To the Regisfer of W!!!s:
EES: Pleese enter my oppeerance by my signature below:
etrors. . . . . . . . . . . . . . . . .. .. . . 5 260.00 Atrorney Signature:
5 )Short Certificate(s).. . . . . 25.00 �
)Renunciation(s).. . . . . . ..
)Codicil(s). . . . .. . . .. . . .
)Affidavit(s).. . .. . . . . . . .
ond.. . . . . . . . .. . . . . . . . . . . . . . Prtnted Name: Vance E.Antonacci,Esq.
ommission. . . .. . . . . . . . . . . . . . Supreme Court
[her Inven[ory .. . . . . . . 15.00 ID Number: 83725
PA Inh.Ta�c Return .. . . . . . . I5.00
Will . . . . . . . . I5.00 Firm Name: McNees Wallace&Nurick[,LC
. . . . . . . . Address: 100 Pine S[rret
.. . . . . . . Pn Rnx I 166
. . . . . . . . Harrisbure.PA 17108-1166
. .. . . . Phone: 717-581-3701
uromation Fee. . . . . . . . . . . .. .. 5.00 Fax: 717491-2196
CS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 En1fli1: vantnnacrinmwn rnm
OTAL. . . . . . . .. . . . . . . . . .. . . $ 35R.50
DECREE OF THE REGISTER /
state of Max D.Marbain Ftle No:�����9�y'
Wa:
AND NOW, � m consideration of the foregoing Petition,
s tisfactory proof having bee presented before me,IT IS DEC�tters Testamentarv
are hereby ganted to lessica L.Marbain
in the above estate and(if applicable)that
t e instrument(s)dated A ril 16 2013
d scribed in[he Petition be admitted to probate and filed of recor as the tast Wi (and Codi 'I( ))of De dent.
Regis ills
� F rm ftW-02 rev. /697%d07/ ]�$ Of Q
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LASTWILLANDTESTAMENT CLEf;}� r,r
OF ORPh'qh5• ��J�7
MAX D. MARBAIN CUMBERLAFtp r�., PA
I, MAX D. MARBAIN, of Cumberland County, Pennsylvania, make this Will, hereby
revoking all my former Wills and Codicils.
ARTICLE ONE
TANGIBLE PERSONAL PROPERTY
§1.1. I acknowledge that all of the household furniture and furnishings,
paintings, books and similar tangible personal property contained in our residence is the
sole property of My Wife or her estate.
§12. I bequeath all my tangible personal property, including by way of
illustration but not by way of limitation, my jewelry and personal effects, exclusive of any
such property used in a trade or business, to my wife, JESSICA L. MARBAIN ("My W'rfe") if
she survives me, and ff she does not survive me, in accordance with the terms of a signed
and dated memorandum I may prepare. If no such memorandum is received or located by
my Executor within sixty (60) days after being appointed as such, after a reasonable search
for such memorandum, my Executor shall be held harmless for distributing such assets as
hereafter provided.
§1.3. I bequeath any such property not disposed of by such memorandum or ali
of such property if no such memorandum is so located or received, to my wife's daughter,
TRACEY GROVE WEISS, is she is living at my death. In the event TRACEY dces not
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survive me, att such property shali t�soid and the proc�eds shail pass as a part o€my
residuary estate.
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§1.4. To the e�ent practicable in the Executor's sole discretion, i bequeath any
policies of insurance on such property ta the beneficiary entitled to such property.
§1.5. I direct that the expenses af storing, packing, shipping, insuring and
(delivering any such property#o the beneficiary entitied thereta shaii be paid by the Executor
(as an administrative expense af my esfate.
ARTICLE T1N0
( iYIARITAL TRUS7
§2.1. If My Wife sunrives me, I devise and i�queath to my Trustee herein named,
an amount equal to the value of my probate estate (determined on the basis of the values
finally determined for federal sstate tax purposes), other than praperty passing under the
foregoing provisions of#his Wili, reduced by an amaunt, +f any, needed to inarease my
taxable estats so that the federal estate tax as finally determined, after taking into
consideration my adjusted taxable gifts, will equai my unified credit {the appiicabte credit
amaunt), the credit far property previausly taxed and the state death tax credit (if then in
effect and to the extent that the use of said credit does not result in an increase in the state
�death taxes otherwise payable} availab�against such tax, assuming that an elec#ion were
made to qualify all qualified terminable interest property, other than the trust provided for
under Articie Three af this Wili, for the federei estate tax marital deduction whether or not
(such electian is actualiy made. This trust, to be known as the Mari#aE Trust, may be
composed of cash, qf property in kind or partiy of cash and partly of property in kind, and
�Shall be funded oniy with praperty which quaf�es for the federai estate tax marital deduction
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�in my estate, valued at the date af distribution, and which, ta the extent ather propet#y is
available, shall not include property for which a foreign death tax credit is available. The
Maritaf Trust shaii be administered and dis#ributed in accordance with the foilawing
(pravisions o€tnis Artiole Two:
§2.1.1.The Trustee shall hoid, manage, invest and reinvest the trust
property, shaii caifect the incame thereof and shati dis#ribute the net income
in quarter-anttual instaltments, or more frequently if fhe Trustee deems ft
advisable, to or for the benefit af My Wife.
§2.1.2.During any calendar year, the Trustee shall distribute to My
W'rfe such amaunts from the principal af the trust property as My Wffe from
time ta time shall request, but not in excess of the greater of Five Thousand
Dallars {$S,OOO.dO} ar five percent{5°l0} of the aggregate value of the trust
property as determined on the date of the first request in each calendar year
for such distribution, which right of withdrawal shall not be cumulative from
year to year. Seid right of wfthdrawal sha11 be exercisable only by a written
instrument exeauted by My Wife and delivered to the Trustee.
i §2.1.3.The Tnastee may aisa distribute ta or for the benefi#of My Wife
so much of the principai of the krust praperty as the Trustee shall from time to
time deem necessary ar proper for My Wffe's heaith, maintenance and
i support; taking in#o account ather availabie funds, inclading My Wife's
individual assets.
§2.1.4.Upan the death of My Wife:
§2.1.4.1.The Trustee sha�l pay any accrued or
undistributed net income #a My Wife's persona! representative
and shall alsa pay to My Wife's personal represeMative or
directly to the taxing authority, from the principal of the trust
property, the additianai amount of estate faxes, inheritanc�s
taxes, transfer taxes and other taxes of a similar nature, end ail
interest and penalties with respect to any such taxes,
� attributabie io the inclusion of the value af this trust in My
Wife's estate far such tax purposes; and
� §2.1.4.2.The Trustee shaii then distribute the balance of
the ttvs# property in accordance with the provisions of
Article Four hereof.
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� ARTICLE THREE
RESIDUARY UNIFIED CREDIT TRUST
§3.1. If My Wife survives me, I devise and bequeath to my Trustee, herein named,
all of the rest, residue and remainder of my estate to be held for the benefd of My Wife in
trust, in accordance with the following provisions of this Article Three:
§3.1.1.The Trustee shall hoid, manage, invest and reinvest the trust
property, shall coilect the income thereof and, during the life of My Wife, the
Trustee shall distribute the net income in quarter-annual installments, or more
frequently if the Trustee deems it advisable, to or for the benefit of My Wife.
§3.1.2.The Trustee may also distribute to or for the benefit of My Wife,
so much of the principal of the trust property as the Trustee shall from time to
time deem necessary or proper to adequately provide for My Wife's heakh,
maintenance and support, taking into account other available funds, including
My W'rfe's assets; provided, however, no such distribution shall be made until
all assets held in the trust created by Article Two of this Will are first
expended or exhausted.
§3.1.3.Upon the death of My Wife, the Trustee shall distribute the
balance of the trust property in accordance with the provisions of Article Four
hereof.
ARTICLE FOUR
UPON THE DEATH OF THE SURVIVOR OF MY 4VIFE AND ME
§4.1. Upon my death, if My Wife does not survive me or to the extent My W'rfe is
deemed to have predeceased me as a result of a valid disciaimer, or if My Wife survives
me, then upon My Wffe's death, all assets not otherwise disposed of by this Will or to be
distributed in accordance with this Articie Four shall be distributed as follows:
§4.1.1.Seventy (70%) percent thereof shall be distributed to My Wife's
daughter, TRACEY GROVE WEISS ("Tracey"), or if she is not then living, to
her then living issue, per stirpes, subject to being held in trust in accordance
with the provisions of Article Five hereof. If neither Tracey nor any of her
issue is then living, such share shall be distributed among §§4.1.2 and 4.1.3
hereof, pro rata in accordance with the interests set forth therein.
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§4.1.2.Fifteen (15%) percent to my son, DAVID D. MARBAIN
("David"), or if he is not then living, to his then living issue, per stirpes, subject
to being held in trust in accordance with the provisions of Article Five hereof.
If neither David nor any of his issue is then living, such share shall be
distributed among §§4.1.1 and 4.1.3 hereof, pro rata in accordance with the
interests set forth therein.
§4.1.3.Fifteen (15%) percent to my daughter, DANA A. DEJARNETT
("Dana"), or ff she is not then living, to her then living issue, per stirpes,
subject to being held in trust in accordance with the provisions of Article Five
hereof. If neither Dana nor any of her issue is then Iiving, such share shall be
distributed among §§4.1.1 and 4.1.2 hereof, pro rata in accordance with the
interests set forth therein.
ARTICLE FIVE
ISSUE'S TRU3T
§5.1. The Trustee shall hold, manage, invest and reinvest the trust property,
shall collect the income thereof and
§5.1.1. While the beneficiary of the trust (the "Beneficiary") is
under twenty-one (21) years of age, the Trustee shall apply to or for the
benefit of the Beneficiary so much of the net income and, if the net income is
insu�cient, so much of the principal of the trust property as the Trustee shall
from time to time deem necessary or proper for the Beneficiary's heafth,
maintenance, support and compiete education. The Trustee shall annually
accumulate any net income not so distributed and add the same to the
principai of the trust property.
§5.1.2. After the Beneficiary attains twenty-one (21) years of
age, the Trustee shaii continue to hold, manage, invest and reinvest the trust
property, shall collect the income thereof and shail distribute the net income
in quarter-annual installments, or more frequently if the Trustee deems it
advisable, to or for the benefit of the Beneficiary.
§5.1.3. In addition to the foregoing, after the Beneficiary attains
twenty-one (21) years of age, the Trustee may distribute to or for the benefit
of the Beneficiary so much of the principal of the trust property as the Trustee
shaii from time to time deem necessary or proper for such Beneficiary's
health, maintenance, support and complete education, including college and
graduate education, and professional, vocational or technical training, taking
into account other available funds, including the Beneficiary's assets.
§5.1.4. At any time after the Beneficiary attains thirty-five (35)
years of age and prior to attaining forty (40) years of age, the Beneficiary may
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Iwithdraw such sums as do not exceed one-half (1/2) of the market value of
the principal of his or her trust as constituted on his or her thirty-fifth (35"')
birthday, or if his or her trust is established on or after his or her thirty-fifth
(35�') birthday, such sums as do not exceed one-half (1/2) of the market value
of the principal of his or her trust as constituted on the establishment thereof.
§5.1.5. At any time after the beneficiary attains forty (40) years
of age, the Beneficiary may withdraw any or all of the principal of his or her
trust.
§5.1.6. If the Beneficiary dies before the complete termination of
his or her trust, the Trustee shall distribute the property then held in trust for
the Beneficiary to the Beneficiary's issue then living, per stirpes, or if none, in
accordance with the provisions of Article Four as then applied, and, in all
circumstances, with any share allocable to a beneficiary then under forty (40)
years of age being held in continued trust for the benefit of such beneficiary in
accordance with the provisions of this Article Five.
ARTICLE SIX
APPOINTMENT OF FIDUCIARiES
§6.1. I appoint My Wife, JESSICA L. MARBAIN, as Executrix of this Will. If she
should be unable or unwilling to act or continue to act, for any reason whatsoever, I appoint
My Wife's daughter, TRACEY GROVE WEI33, as successor Executrix, and 'rf she should
be unable or unwilling to act or continue to act, for any reason whatsoever, I appoint JAN
WEISS, of Lebanon, Pennsylvania, as successor Executrix. Ail references herein to the
"Executor" shall mean my original Executrix or my successor Executrix, as the case may
be.
§6.2. I appoint My Wife, JESSICA L. MARBAIN, and TRACEY GROVE WEISS
as Co-Trustees of any trust created by this Will. If My Wife should be unwilling or unable to
act or continue to act, for any reason whatsoever, Tracey shall act as sole Trustee. If
Tracey should be unwilling or unable to act or continue to act as either Trustee or sole
Trustee, for any reason whatsoever, JAN WEISS of Lebanon, Pennsylvania, shatl serve as
successor Trustee or sole Trustee, as the case may be.
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� §6.3. Except for references to the "corporate" Trustee, all references herein to
the Trustee shall mean my then serving Co-Trustees or my sole Trustee, as the case may
be.
§6.4. The "Protector" of each trust under this Wili shall be the Management
Committee of McNees Wallace & Nurick LLC, or successor organization. The Protector
shall be subject to the following provisions:
§6.4.1.The Protector may appoint one or more persons to be
successor Protector to take office upon the death, resignation, or incapacity
of the Protector or any person serving as Protector.
§6.4.2.The Protector shall have the right to appoint an individual or
corporation with fiduciary powers as successor Trustee or whenever the
office of Trustee of a trust becomes vacant.
§6.4.3.Any person serving as Protector may resign.
§6.4.4.The Protector's authority hereunder is conferred in a fiduciary
capacity and shall be so exercised, but the Protector shall not be liable for
any action taken in good faith.
§6.4.5.No discretionary distribution shall be made from any trust that
would discharge or substitute for a legal obligation of any person serving as
Protector even if such a distribution would otherwise be authorized under the
terms of the trust.
§6.4.6.The Protector may release the Protector's power to remove a
particular Trustee and such release may be limited to the releasing Protector
or made binding upon any successor Protector.
§6.5. I appoint the Trustee then serving hereunder as Guardian of the estates of
any minor beneficiaries under this Will, including the proceeds of any life insurance on my
I'rfe payable to such minors and any other property, rights or claims with respect to which I
am entitled to appoint a guardian and have not otherwise specifically done so. The
Guardian shall have fuii authority to use such assets, both principal and income, in any
manner the Guardian shall deem advisable for the best interests of the minor, including
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I college and graduate educatian, and professianal, vocatianal or technical training, wi#hout
securing a court order.
ARTICLE SfV`EN
POWERS OF FIDUCIARIES
§7.1. No fiduciary under this�ii shall be required to give band or other security for
the faithfui pe�€ormance of the fiduciary's duties.
§7.2. Any such fiduciary shall have, without restrictian or qual�cation, all powers
give� by Iaw, inctuding withaut limitation ihase under the Pennsylvania Probate, Esta#es
and Piduciaries Code, and in addition the foUowing powers:
§7.2.1.To invest in, accept and retain any real or persanal praperty,
inctuding stock of a oorporate fiduciary or its hoiding campany, withaut
restrictian to legat investments, provided, however, if any propetty that forms
a part of the principal of the trust established by Artide Two of this Will is
unproductive, My Wite may at any time and from time to time by a written
natice reguire fhe Trus#ee of said trust either to maka any or ali of such
property productive or to convert such property within a reasonable time after
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the Trastee reoeives such notice.
§7.2.2.To sell, exchange, parti#ion or lease for any periad of time any
real or personai property and ta give options therefor for cash or credit, wifh
or withaut security;
§7.2.9.To borrow money from any person, including any fiduaiary
acting hereunder, and to mortgage or pledge any real or personal property;
§72.4.To hold shares of stock or other securities in nominee
registratian form, including #�at of a clearing corporafion or depasftory, or 'sn
book entry form or unregistered or in such other form as will pass by delivery;
I §7.2.5.To engage in litigation and compromise, arbitrate ar abandon
claims;
i §7.2.6.7a determine the apportianment of receipts and expenses,
inciuding extraordinary cash dividends, stock dividends, capital-gain
dividends of regulated investment companies and proceeds and expenses of
the sale o€unproductive real estate, beh+ueen incame and principai, sucfi
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� apportionment ta be made sa as to balance fairly the interests of any income
beneficiary and the remaindermen;
§7.2.7.7o make d3stributians in cash, or in kind at current vaiues, or
partly in each, alioca#ing specific assets to particular distributees on a non-pro
rata basis, and for such purposes to make reasonable determinations of
� current values;
§7.2.8.To make electians, decisions, concessions and settlements in
� cannectian with a!1 income, estate, inheri#ance, gift ar other tax returns and
the payment of such taxes, without obiigation ta adjust the distributive share
of incame or principal of any person affected thereby;
§7.2.9.To join with My Wife or My Wife's personai representative in the
filing af a joint income tax return for any period for which such a retum may
be permitted, without requiring My Wife ar My Wife's estate to indemnify my
estate against liability for the #ax attributable ta her income, and to consent,
for federal gift tax purposes, to having gifts made by My Wife during my
� lifetime trea#ecf as having been made haif by me.
§7.2.10. To disciaim any interest I may have in any estate if the
Executor deems such disciairxser ta be in the best interests of my estate and
the beneficiaries thereaf;
§7.2.11. Failowing t#�e death of My Wife, to termina#e any trust oreated
herein, the principal af which is or becames too smali in the Trustee's
discretion to make the establishment or continuance of the trust advisable,
� and to make immediate distribution af the then remaining trust praperty ta the
beneficiary then entitied to the income of the trust property or, if there is more
than one beneficiary, to the beneficiaries then entitled to the income of the
trust property in praportian to their respective interests therein o�, if such
interests are not defined, in equai shares to such beneficiaries; provided,
however, no Trustee shall participate in any decision to teRninate such trust if
� by reason af sueh #erminatian such trustee caald receive a distribution of trust
property from such trust as afaresaid. The reoeipts and releases of the
distributee(s) will terminate absolutely the right of all persons wha might
� atherwise have a future interest in the tnast, whether vested ar cantingent,
without notice ta them and without the necessity of filing an account in any
court.
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§7.2,i 2. Ta merge, after the dea#h of My Wife, any trust created
hereunder with any other trust ar trusts created by me or My Wffe under will
or deed, if the terms of any suct� trust are then substantiaily slmilar and held
for the primary benefit of the same person or persons, and if such merger
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I shail nat cause any adverse incame, estate or generatiort skipping tra�sfer
tax consequence.
§7.2.13. To allocate, in the Executar's sole and absolute discretian,
any partion af my exempfion under Section 2631(a) of the Internal Revenue
Code ("My GST Exemption"), to any property as to which I am the transferor,
including any property transferred by me during my lifetime as ta which i did
not make an ailocation prior to my death. Similariy, My Wife's executor may
allocate a partion or all of My Wife's exemption ("My Wife's GST E�cemption")
I fram genera#'son skipping transfer tax to praperty held hereunder of which My
Wife is deemed transferor. Any such election ar ailocation shali be binding
upon the Trustee and any beneficiary af any trust created hereunder. The
Trustee is directed to divide any trust created under this WiII into twa {2} or
more separate trusts, lf necessary, ta segregate the portion or portions af the
trust or trusts created hereunder over which My GST Exemptian or My Wife's
G8T Exemption has been allocated {the °GST Exempt Trusts"}from the
po�tion or portions of the trust or trusts created hereunder over which neither
My GST Exemption nor My Wife's GST Euemption has been allocated {the
� "Non-G8T Exempt Trusts'ry; provided, hawever, that any such separated
trusts shall be held, administered and disposed of in accordanae with the
terms hereunder as identical trusts in aA other respects.
§7.2.14. To file the appropriate election in accnrdance with
Sectiqn 2056(b)(7j(B)(v) of the Internal Revenue Code to designate whatever
partion of the#eust established in Article Twa af this Witt tha#the Execufor, in
the Executor's sole discretion, determines should qua�ify for the marital
deduction. !n making this detesmination, the Executor is directed to consider
� the present and projected financial requiremen#s af My Wife, the expected
period of survivorship of My Wife and the asseta that have passed to My Wife
other than under Ehe provisions of this Will. If khe Executor daes noi make an
eleckion pursuant ta lntemal Revenue Cade Sectian 2056{b}{�}(B}{v} wi#h
respect to all of the assets held in trust under Article Two hereof, the
respective trust estates thereunder may be divided into separate trusts
� pursuant#o the terms of the election and such division shalf be based upon
the fair market value af the assets comprising the respective trusts at the time
of the division.
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§7.2.15. To make any election available under the tax laws, including
the pawer to make an election to qualify any trust created hereunder as a
� C2ual�ed Subchapter S Trust{"48ST"} ar an Electing SmaII Business Trust
("ESBT").
� §7.2.16. With respect to any trust hereunder that halds shares of stock
in any S corporation, as defined by § 1361 of the Intemal Revenue Code ("S
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Corparatian stock"}, to segregate such S Gorporation stack i�om #tte ather
assets of any such S Corporation trust, to hold such stock in a separate trust
under similar terms and conditions, and to take such actions and make such
elections as may be reasanable necessary to qualify any such separate trust
as a permitted S Corporation shareholder under§ 1361(c)(2) of the Internai
Revenue Code.
ARTICLE EIGHT
� PROVlS14N F4R TAXES
§8.1. All estate taxes, inheritance taxes, transfer taxes and ather taxes of a similar
natttre payable by reasan of my death to any government or subdivision thereof upon or
with respect to any property subject to any such tax (solely for the purposes af this Artic�
Eight, "Death Taxes"), and any penalties thereon, shall be paid by the Executa�as foliows:
{a} if My Wife survives me, all such Death Taxes and penalties shall be paid out af the
principal of the property, if any, disclaimed by My Wife and, if none or ta the sxtent such
disclaimed property is insuificient, from the principal af that partion of my estate disposed of
by Article Three of this Wil1; and {b} if My Wife does not sunrive me, all such Deatfi Taxes
and penalties shall be paid from the pri�cipal of that partion of my estate disposed of by
Articie Four of this Wiii. Aii interest with respect to any such Death Taxes and penalties
shaH t�e paid by the Executar out of the incame ar principal or paRiy out of the incame and
partly out of#he principai of such portion of my estate, in the absolute discretion of the
Executor. My Executar shali not make apportionment among or seek reimbursement from
the benef�ciaries, recipients or owners af such praperty far any such Death Taxes, penaities
or interest. Notwithstanding any provision af this Article Eight to the contraty, the Executor
� shail nat pay ar+y such death Taxes, penalties or interest attributabfe to any property
inctuded in my estate solely because of a pawer of appointment thereover that i possess
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but have nat exercised or any qualified tertninable interest praperty.
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ARTICLE NINE
PROVI310N FOR DEBTS AND EXPENSES
§9.1. i direct that any of my legaily enforceable debts, any expenses of my last
itiness, funeral and buriai, and any of the administrative expenses of my estate {so�ly far
the purpose of this Article Nine, "Debts and Expenses"), shall be paid as follaws: (a) if My
UU�e survives me, all such Debts and Expenses shall be paid aut of the princip�l of the
(property, if any, disclaimed by My Wife and, if none or to the extent such disciaimed
property is insufficient, from the prinoipal of that portian of my estate disposed of by Article
(Three of this Will; and {b} if My Wife does nat survive me, ali such Qebts and E�cpe�ses
shall be paid from the principal of that portion of my estate disposed of by Article Four of
this Will.
ART1Ct�E TEN
BUSINESS INTERESTS
§10.1. in the event any business interests shouid be an asset of my estate,
whether tl�e same ittvalves a proprietary interest, a partnership interest or stack in a ctosely
held corporation, or limited liability company, whether wholly awned, oontroiled by me or
owned in substantiai part by me, 1 authorize the Executor and Trustee, as the case may be
{hereinafter referred to as the fiduciaries}, subject to the teans of any agreement i may have
made for the sale of my interests, to continue said business until such time as the
(fiducianes shall deem i#advisable to sell, to liquida#e or to distribute#he same in kind. With
respe�t to any sale ar exchange of khe stock of any such business interest and in the
absence of any such agreement entered inta by me prior to my death, I direct the fiduaiaries
� (to ca�s�Ier and ta de#ermine the appropr�ateness of a sale or redemption of sach stock in
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( accardance with Section 303 of#he tntemai Revenue Cade to the business entity and a
possible deferral of federal estate tax payments under Sectian 6166 of the Intemal Revenue
Code, It is my desire ihat tp fhe extent possible any business interest which I may own at
�the time ot my death be cantinued or disposed af on{y in an orcleriy manner so as#o
maximize the proceeds of any disposition. If an election under the foregoing provisions wiil
effec#such desire, the fiduciaries are encouraged to pursue such election if the f�duciaries
deem such election aiso to be in the best interests of my estate and the beneficiaries
thereof. The fiduciaries shall have all rights and powers in apnnection with such business
(as 1 had when living, including specifically#he power at any time and fmm time to time#o
'operate or to jain in the operation of the same as a going cancern, ta farm or ta refarm a
general or limited partnership, to incarporate or to reincorporafe and to liquidate or to sell
#he same or any part thereof as#he fiduciaries deem it advisable for the best interests of my
estate and of the beneficiaries thereof without the necessity of any order of court and
without any liabiiity for loss resulting from the operation of said business except when such
(loss is the resuit af gross negiigence ar#raud o� the part of the f�uciaries.
( ARTIC�E E�EVEN
MI3CEI.LANEOUB PROVISiONS
§11.1. As used in this Wiii, the term "internai Revenue Code" shali mean the
Intemal Revenue Cade of 1986, as amended from time to time, or the correspanding
(provisian of subsequent law.
§11.2. If My Wife and I die under such circumstances that it is impassibie to
determine which of us survived, it shall be canciusively presumed and this Will shall be
I ccrnstru� as if My Wife had survived me. if any persan, other than My Wife, and I die
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� under such circumstances that it is impassible ta determine which af us survived, it shalt be
conclusively presumed and this Will shall be construed as if such person had predeceased
me.
§11.3. Wher�ever a discretionary distribution af net incame ar principal is
permitted pursuant to any trust creaked by this Will, if such distribution may be made in
whoie or in part to a person who is then a Trustee of such trust, such person may not
participate in any way in the decision whether ta make such distribution. No Trustee wha is
under a legal obligatian to support a beneficiary of a trust created hereunder shall
particcipate in the exe�cise of any discretion granted to#he Trustee of that trvst ta distribute
net income or principa! in discharge of that legal obligation. Furthermore, no Trustee shaii
enter into eny recipracal arrangement with any other trustee for the purpose of indirectly
exeroising a powe�prohibited hereunder.
§11.4. Whenever a fiduciary is direoted to distfibute property to or for the benefit of
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any beneficiary wha is under(a} twenty-five (25) years of age, or (b) a legal disability or
otherwise sufFers from an iitness ar mental ar physical disability that wou�! make distributian
directly to such beneficiary inappropriate (as determined in such fiduciary's sole discreti�n
exarcised in good faith), the fiduciary may distribute such praperty to the person who has
ustody of sucn beneficiary, may appiy such property far the benefd af such beneficiary,
may distribute such property to a custodian for such beneficiary, whether then serving or
elected and appointed by the fiduciary (including #he fiduciary}, under any appiicabie
niform Transfers to M+nors Act or Uniform Gifts fo Minars Act ta be heid until such
�eneficiary reaches twenty-five (25) years of age, may distribute such property to the
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�uardian of such beneficiary's estate, may distribute such property directty to such
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hen�ciasy's estate, ar may distribute such praperty directly to such beoeficiary{ext�pt if
any of the conditions hereinbefore described in (b) apply), without liability on the part of the
fiduciary to ses to the appiication of such praperty. This provision shaii not in any way
4�P8t$#4 SUS(�Tid BUCh Ii�Cl8�CF8P}I's absolute awnership o#such praperty ar to prevent the
absolute vesting thereof in such beneficiary.
§11.5. Except as atherwise may be provided in this Wii1, during the coniinuance
of any of the trusts oreated under the provisions of this Wiii, and tt�ereafter un#ii the property
is distributed to and received by any beneficiary hereunder, the principal sums thus held in
(trust for any beneficiary, respectiveiy, and the income thereo#shall nat be subject to or
liable for any coMracts, debts, engagements, liabilities or torts of such beneficiary now or
hereafter made, contracted, incurred or committed, but shall be absolutely free from the
(same, and such beneficiary shall have no pawer to sell, assign ar encumber all ar any part
of the principal sums or such benefliciary's interest therein, respectively, or the income
thereof, or to anticipa#e the income.
� §11.6. A carporate fiduciary shall be entitled ta receive compensation far its
services hereunder in accordance with its schedule in effect when the senrices are
perfanned, but not in excess pf such aompensation as would be approved by a court of
compefent jurisdiction. An individual ftduciary shali be entitled ta receive reasonable
compensation for suah fiduciary's services hereunder, provided however, any individual
fiduciary who is also an attomey and senres as caunsel to tny estate or any Trust
established hereunder shall not take duplicative tees, but rather such charge in any capacity
for reasonable and necessary services performed at his or her published hourly rate in
I effect at the time the services are perfoRrred,
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i §11.7. Natwithstanding any ather provision of this Wiii, but only to the e�ttent thaf
any trust hereunder is subject to the Ftule Against Perpetuities under applicable law, upon
the expiration of twenty-ane (21} years after the death of the last survivor of My Wife and
my issue iiving at my death, the trusts created by this Wilf shaii fartt�with terrttina#e and the
trust property shall be distributed to the beneficiary then entitled to the income of the trust
property ar, if there is mare than one beneficiary, to #he beneficiaries then enti#led to the
incame of the trust praperty in proportion to their respective interests therein ar, if such '
interests are not de�ned, in equal shares to such beneficiaries.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16�' day of
April, 2013.
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�;�_(SEAL)
MAX D. MARBAIN
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\ � Signed, sealed, published and declared by the above named MAX q. MARBAIN as
and for his last Will, in the presence af us and each of us, who, at his requesk and in his
presence and in the presence of each other, have hereunto subseribed our names as
witnesses thereto the day and year last above written.
Residing at � T'J'"� /"f�
W � Residing at �'�:�� '� �'
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;COMMONWEA�TH OF PENNSY�VANIA :
� • • LL : S5.
COUNTY OF l�fl!'L�1PA'"I� .
We, MAX D. MARBAIN, the #estator, and �G.,s?�1.1/.,9Q1 �1 �_1.�,�.�l�d
L£�� W- ����t�1'le witnesses, whase names are signed ta the attached
or foregoing instrument, beRng first duly swom, da hereby deciare to the undersigned
autharity that the testator signed and executed the instrument as his last Will; that the
tes#ator signed wilHngly and executed it as his free and voluntary act far the purposes
therein expressed; that each subscribing witness in the hearing and sight of the testatar
signed the Wiil as a witness and that to the best of his or her knowledge the #estator was at
ha#fime eighteen (18} years of age or older, of saund mind a�d under na constraint or
undue influence.
1Y�����t/�-G�/(.{�`'�yr.� ,�
MAX D. MARBAIN W' ���,s
� I �-��tvt-�C �i{/ `
� Witness
� Subscribed, sworn to and acknowledged befare me by MAX D. MARBAIN, the
�es or, d subscribed and swom ta befo�e rr� by r i
� f � � r�
�nd �c.� � �l�zd.i'�Jv, witnesses, this 16'h day of April, 2p13.
COMMONWEAL7H OF PENNSYLVANlA -- " " - "�_\��dl�►`�✓��^^"�SL
#�TARIALSEAL . NOt�f}t PUb11C
MARYANN KIEMENTIK,NOTARY PUBLIC
MECHANICSBURG BOROUGH,CUMBERLAND COUNTY S EAL
MYCpMMIS510NEXPIRESAUC,UST21,2013 � �
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