HomeMy WebLinkAbout06-06-14 . ��..,� �
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF ���N1 Q�R l.cZ►l�l7 COUNTY,PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information /� ]
Name• L.C� 1 S S G`t-�W rc �•1 Z.Pt/L File No• <I �' � ' ����
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: � I� 1 y Age at death: ��7
Decedent was domiciled at death in ���(��C R t Z�D County, Pe��sy I�c�n�ia (S�are)with his/her last
principalresidenceat �(7U 1N�T (a}L�Q.N DR. �PP�.¢ R�c�►v �rwp PY(PCHf}��lSBuQ(r
Street address,Post Office and Zip Code City,Township or Borough County' �u�g•
Decedent died at � C�Y-�� S���� i �105 P�rtZ� Cc`��P �-1��L C ti Yh 8 . +Pl�
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania............................ All personal property $ �9�i U��•�
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ �1
If not domiciled in Pennsylvania. .......... ............. Personal property in County $ p
Value of real estate in Pennsy[vania..................... .................................... $ �
TOTAL ESTIMATED VALUE. ... $ ��U.t�U
�
Real estate in Pennsylvania situated at
(Attnch additional sheets,ijnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
� A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated S �f7 a-00 and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciation,death of executor,etc.)
� Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
�NO EXCEPTIONS ❑EXCEPTIONS
r�.�
❑ B. Petition for Grant of Letters of Administration (If applicable)_ n � ;� �
c.t.u.,d.b.n.,d.b.n.c.[.u.,pendente lite,durun{�alf�n[iu,dur n�te mi�oritaClB
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and comple�l�4�,hei� ��s� �
�.� �
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce h�'d bgen�e�abli�i as 1���'i��
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. �
. . . . c"�
❑NO EXCEPTIONS �EXCEPTIONS `� <-� `fl ""c i `��
Petitioner(s),after a proper search has/have asceRained that Decedent left no V6'il C and was survived by the following�Spo�(if any)and heirs�TtctC@
udditionul sheets,if'necessury): � � � � Cr'1
A
Name Relationshi Address �
Fo,�,,,Rwna ,-��. �ni�iizo�� Page 1 of2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
�t } SS:
COUNTY OF �"'��g���"'2�i� }
Petitioner(s)Printed Name Petitioner(s)Printed Address
K�a� +n�l ��I�w�; Z�r� �?s� m c c.o�,���� �D.
/'VI�GHfI-NttS�3u�QG� /�� /7a�S
The Petitioner(,)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Deced t, Petiti r ill we nd truly administer the estate accord'ng t law.
Sworn to or aifirmed and subscribed before � 6�6 /Q
me i - (� day Yl ,�1�� D� .:� -r
By: � `-11,��C�Y-�— � c> Dgte �-, �
For the Register � � D��"���,.M1��
!'T`t -,.,_ C;
� +y t`•,
�- � i"�+ Q� °� C?
BOND Required:�YES 10 To the Register of Wil[s: y u.' , ; �" �
FEES' Please enter my appearance by�si�n�ti�re w: 'E -,7
. ..,.
, �.
� � ...:. C3
Letters . . . . . . . . . . . . . . . . . . .. . . $ � Attorney Signature: :� � :V r"- 1"r'1
� . �{ � O
( � �-)Short Cert�ficate(s). . . . . . �I�(�• -� � C!'�
-�
( )Renunciation(s).. . . . . . . . +�` �
( )Codicil(s). . . . . . . . . . . . .
( ) Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name:
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number:
1�� �r-�.L,r,
� (1,Y1C� .�{�1. 1 S.(°;�[� Firm Name:
�X1VP t�l;l . . . . . . . . i S.li"L` Address:
. . .. . . Phone:
Automation Fee. . . . . . . . . . . . . . . Jr'�V� Fax:
JCS Fee. . . . . . . . . . . . . . . . . . . . . �'�J.`✓'!� Email
TOTAL. . . . . . . . . . . . . . . . . . . . . $ 343-�iD
DECREE OF THE REGISTER
Estate of ��5 f`� • f��(��1 I�� ������ File No: ��—���- �����
a/k/a:
AND NOW, 1�� C� �Jt,c n e , 2-C�� , in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREEnD that etters ' m�'1 _
are hereby granted to Q f( I l�� , c��'1L�.1 C'I 2�-6�
in the above estate and(if applicable)that
the instrument(s) dated .
described in the Petition be adi it d to probate and filed of rec d as the last Will(and Codicil�s))oi Decedent.
%l � :�= V
Register of Wi�ls � � � /�M/1 �/? � �/
k'i' l/����(1/`'
F�,�,�,nw-n? ,��v. roiruznii Page of 2
�,�.�,,�.� � �.<�..�� ��.�.:� �_
. . .
LAST WILL AND TESTAMENT
OF
LOIS SCHWEITZER
I, LOIS SCHWEITZER, of Cumberland County, Pennsylvania hereby revoke my
prior Wills and declare this to be my Will:
ARTICLE FIRST
FAMILY DEFINITION
I declare that I am married to LOIS SCHWEITZER, and that there are four children
of this marriage, whose names and birth dates are: THOMAS A. SCHWEITZER born
October 22, 1951, KARL M. SCHWEITZER born April 29, 1953, DAVID W.
SCHWEITZER born May 1, 1956 and JOANNE E. SMITH born May 27, 1959. As used
in this Will, the term "my children" refers to all my natural children, including any that may
subsequently be born to me. The term "my children" also includes any that I may
subsequently adopt. The term "my children"excludes all other persons. As used in this
Will, the term "issue" refers to all lineal descendants of the indicated person of all
generations, with the relationship of parent and child at each generation determined by
the definition of"children" set forth in this Para-graph. I have no deceased children.
ARTICLE SECOND
PROPERTY BEING DISPOSED
It is my intention to dispose or all my property. However, I do not intend to
exercise any power of appointment which I now possess or which may hereafter be
conferred on me, unless such power is specifically referred to herein or in any Codicil
hereto. �., �
� � s .�� �
:-s-,
ARTICLE THIRD �.=� T; � ��? c
�°t c-;, � c�;, �3
-'� ;�.. r_. , � ,-�
PAYMENT OF BURIAL EXPENSES AND DEBT"� `f; ?r;` � ��' '�`'
:�.�� �
,.��. �i ;,,:; :--�, r,.a
I authorize my Executor to pay all the expenses of (a) a f�e�a�ior �macial�i
service; (b) the interment of my remains, including the costs of a graves�e, if n�es�ry�;
and c) the installation and inscription of a suitable marker at, and pe�etual c�g of�h$
-�J �
� � �
1
gravesite. I further direct my Executor to pay all of my debts that my Executor in his or her
sole discretion may allow as claims against my estate.
ARTICLE FOURTH
BEQUESTS- HUSBAND SURVIVING
• If my husband, Wayne Schweitzer, survives me by thirty (30) days, I give, devise
and bequeath all my property of every kind and description, wherever situate and whether
acquired before or after the execution of this Will, to my husband.
ARTICLE FIFTH
BEQUESTS - HUSBAND NOT SURVIVING
If my husband does not survive me, I direct that my executor distribute my property
as follows:
Tangible Personal Property
A. If, during my lifetime, I have compiled and placed among my personal
belongings a written list setting forth a certain distribution of my tangible personal property
(including, but not limited to, jewelry, clothing, household furniture and furnishings,
dishware, silver, pictures, books etc.), then I give, devise and bequeath the property that
is included in such list to the persons who survive me who are named in such list and
direct that my Executor distribute such property at his or her discretion, but with the
recommendation that he or she distribute in accordance with the list.
B. If no such list has been made or for any tangible personal property either not
included in the list or directed to a person who does not survive me, I direct that my
Executor allow my surviving children, in order of age with oldest first, to alternately select
and retain single items from among my remaining tangible personal property. Such
succession of choices shall continue repeatedly until all items of property have been
selected or until no further selections are desired. Any tangible personal property not
distributed either according to my list or by alternative selection shall be included in my
residuary estate for disposition under this Article Fifth, paragraph C., below.
l �� 5
2
Residue
C. I give, devise and bequeath all of my remaining property of every kind and
description, wherever situate and whether acquired before or after the execution of this
Will, as follows:
(i) To my husband, Wayne Schweitzer, if he survives me by thirty (30)
days. If he does not survive me by thirty days then;
(ii) If he survives me by thirty (30) days, twenty five percent (25%) of the
value of my residential estate to my son, Karl M. Schweitzer;
(ii) If he survives me by thirty (30) days, twenty five percent (25%) of the
value of my residential estate to my son, David W.vSchweitzer;
(iii) If she survives me by thirty (30) days, twenty five percent (25%) of
the value of my residential estate to my daughter, Joanne E. Smith;
(iv) If he survives me by thirty (30) days, finrenty five percent (25%) of the �
value of my residential estate to my son, Thomas A. Schweitzer.
a. For each child who does not have special needs as defined
in Article Seventh, paragraph., below:
i) To each such child who is at least thirty (30) years of age
at the time of my death, one hundred percent (100%) of the bequeathed amount
DIRECTLY to that child;
ii) To each such child who is at least Twenty-five (25) years
of age but less than thirty (30) years of age at the time of my death, two thirds (2/3) of the
bequeathed amount DIRECTLY to that child and the remainder of the bequeathed
amount IN TRUST, with the terms of such Trust as set forth in Article Sixth, herein;
iii) To each such child who is at least finrenty-one (21) years
of age but less than twenty-five (25) years of age at the time of my death, one- third (1/3)
of the bequeathed amount DIRECTLY to that child and the remainder of the bequeathed
amount IN TRUST, with the terms such as Trust as set forth in Article Sixth, herein; and
iv) To each such child who is less than twenty-one (21)
years of age at the time of my death, one hundred percent (100%) of the bequeathed
amount IN TRUST, with the terms of such Trust as set forth in Article Sixth, herein.
b. For each child who has special needs as defined in Article
Seventh, paragraph "A.", below, to such child, wholly in trust with the terms of such trust
L %15
3
as set forth in Article Seventh, below.
I direct, in order to accomplish the distribution among my children, whether
property passes directly or in trust, my Executor shall sell all such remaining prope�ty for
cash as expediently as possible without unreasonably jeopardizing the value of such
property.
In doing so, my Executor, before offering such property for sale to any other
persons, shall first offer such property for sale either directly to my children, or, to their
Trustees if trusts are established herein, at the higher of appraised fair market value or
the highest bid.
In selling any item of property to any of my children or their Trustees, my Executor
may forgo collection of cash from any such child or Trustee and, in such case shall reduce
that child's estate share by the amount of cash foregone, but, in no case shall the amount
of the cash foregone exceed the amount of the child's estate share before reduction.
Any property not sold to my children or their Trustees shall be sold for cash to other
persons at the discretion of my Executor.
Child Not Survivinq
For a child of mine who does not survive me but has surviving issue, that
child's share shall pass to the issue of such child, IN TRUST, with the terms of such trust
as set forth in Article Eighth, herein. If such deceased child of mine has no living issue,
then such deceased child's share shall be included in the residue of my estate for
distribution to my other child or my other child's issue, as the case may be.
ARTICLE SIXTH
NON-SPECIAL NEEDS TRUSTS
The terms of each Trust created under Article Fifth, paragraph "C.", above are as
follows:
A The name of each Trust shall be in the following format: "LOIS
SCHWEITZER/(name of the child for whom the trust has been created)
TESTAMENTARY TRUST", e.g. LOIS SCHWEITZER/THOMAS Z. SCHWEITZER
TESTAMENTARY TRUST.
� �5
4
B. Each Trust shall be irrevocable.
C. The Trustee shall be entitled to receive a fee for their services.
D. My Trustee shall pay to or apply for the benefit of my child for whom the
Trust was created, all or a portion of the net income from the Trust as my Trustee in his
sole discretion shall determine, primarily for the medical care, comfortable maintenance,
welfare and education (which term whenever used herein shall include college,
post-graduate, professional or vocational education) of my child, taking into consideration
to the extent my Trustee deems advisable, any other income or resources of my child
known to my Trustee. Any net income not distributed by the end of a calendar year shall
be added to the principal of the Trust.
E. My Trustee may pay to or apply for the benefit of my child, such sums from
the principal of the Trust as my Trustee in his sole discretion shall deem necessary or
advisable from time to time for the medical care, education, support and maintenance in
reasonable comfort of my child, taking into consideration to the extent my Trustee deems
advisable, any other income or resources of my child known to my Trustee.
F. Upon, or within thirty (30) days after, the twenty-first (21St) birthday of any
child for whom a Trust has been created, my Trustee shall distribute to such child
one-third (1/3) of the then remaining principal of the Trust along with one-third (1/3) of any
undistributed net income. Upon, or within thirty (30) days after, the twenty-fifth (25tn)
birthday of any child for whom a Trust has been created, my Trustee shall distribute to
such child one-half(�/z) of the then remaining principal of the Trust along with one-half(�h)
of any undistributed net income. Upon, or within thirty (30) days after the thirtieth (30tn)
birthday of any child for whom a Trust has been created, my Trustee shall distribute to
such a child all the remaining principal along with any undistributed net income.
G. If the child for whom this Trust was created should die before reaching the
age of thirty (30) years, and if such child has surviving issue, the principal and income
remaining in the Trust at the time of my child's death shall be retained in Trust and used
for the benefit of such issue for the same purposes as such principal and income would
have been used for my child, until the youngest of such issue reaches the age of thirty
(30) years. At that time , my Trustee shall distribute to all such issue, share and share
alike, all the principal of the Trust along with any undistributed net income. If, on the
other hand, such deceased child has no surviving issue, then at that time of such child's
death my Trustee shall distribute all the principal of the Trust, along with any undistributed
net income, in equal shares, directly to my other surviving children or their issue, per
stirpes.
� � 5
5
H. Upon final distribution under either paragraph "F." or "G." above, the Trust
shall terminate.
ARTICLE SEVENTH
SPECIAL NEEDS TRUST
The terms of any Trust created under Article Fifth, paragraph "C.", above are as
follows:
A. Such a trust shall be created for any child of mine who is disabled as
defined in 42 USC Section 1382c(a)(3) or who has physical or mental disabilities that
render such child incompetent or incapacitated and unable to care for their own basic
human needs. Such child, for purposes of this Article Seventh shall hereinafter be
described as having "special needs" and shall be referred as the "Beneficiary" of this
Trust. This Trust may from time to time be referred to as a "Special Needs Trust".
B. The name of each such trust shall be in the following format: "LOIS
SCHWEITZER (name of the child for whom the trust has been created) SPECIAL NEEDS
TRUST", e.g. LOIS SCHWEITZER/THOMAS A. SCHWEITZER SPECIAL NEEDS
TRUST.
C. Each Trust shall be irrevocable.
D. The Trustee of each Trust shall be KARL M. SCHWEITZER
E. The Trustee shall be entitled to receive a fee for their services.
F. During the life time of the Trust beneficiary, the Trustee may distribute from
the principal or income, or both, of the Trust, such amounts that, in the Trustee's sole and
unfettered discretion, may from time to time be deemed reasonable or advisable. The
Trustee may act unreasonably and arbitrarily, as we might do ourselves if we were living
and in control of these funds. The Trustee's discretion in making a disbursement as
provided for in this instrument is final as to all interested parties, even if the Trustee elects
to make no disbursement at all. No court, or any other person, should substitute its
judgment for the discretionary decision or decisions of the Trustee. Any income of the
Trust not so distributed shall be added annually to principal. The Trustee may provide
income in kind from the Trust pursuant to its specific distribution provisions in order to
provide for the special needs of the Beneficiary by furnishing those items of need not
provided by government entitlements. As used herein, the term "special needs"
� ��
6
includes, but not limited to, disbursements for the following: medical, dental, and
diagnostic work and treatment for which there are no private or public funds otherwise
available; medical procedures that are desirable, in the discretion of the Trustees, even
though the procedures may not be necessary or life-saving; supplemental nursing care
and rehabilitative services; differentials in cost between housing and shelter for a shared
or private room in an institutional setting, expenditures for travel and transportation,
companionship, entertainment, and cultural and educational experiences; bringing
members of the Beneficiary's family and others for visitation with him; retaining the
services of a Care Manager and the services of such providers as may be selected by the
Care Manager from a Primary Care Agency. This list is not meant to be exhaustive, but,
rather illustrative of the kind of special needs that this Trust is designed to meet. Any
payments to or for the Beneficiary shall be supplemental to any government assistance
and aid from any other source received by him and shall be paid only if, in the sole and
absolute discretion of the Trustees, such government assistance and other aid is
insufficient to provide for his proper care, support, or maintenance.
G. In making distributions from this Trust, the Trustee is authorized to consider,
in the Trustee's sole discretion, the reasonableness or advisability of making distributions
in satisfaction of the Beneficiary's special needs. As used in this instrument, "special
needs" refers to the requisites for maintaining the Beneficiary's good health, safety and
welfare when, in the discretion of the Trustee, such requisites are not being provided by
any government agency, office or department, nonprofit organizations or any other public
or private sources. Although the Trustee is authorized to consider these other sources
and where appropriate and to the extent possible, endeavor to maximize the collection of
such benefits and to facilitate distribution of such benefits for the benefit of the Beneficiary
the Trustee may also, in the exercise of its discretion, disregard these other sources when
making distributions to or for the benefit of the Beneficiary. Distribution may be made
from the Trust Estate without securing prior court approval.
H. It is the intention of the Settlors to create a special and/or emergency fund
for the benefit of the Beneficiary, and not to displace or supplant public assistance or
other sources of support that may otherwise be available to the Beneficiary.
It is important to the Settlors that the Beneficiary maintain a level of human
dignity and humane care. The Trustee should bear this in mind when making
distributions from the Trust while simultaneously considering that the Trust is not to be
invaded by creditors, subjected to any liens or encumbrances or administered in such
way as to cause public benefits not to be initiated or to be terminated.
To the extent reasonable or advisable, the Trustee may deplete the Trust
� ��
7
corpus prior to the beneficiary's death, thereby giving preference to interests of the
Beneficiary while simultaneously considering the interests of the remainder Beneficiaries.
In considering the interests of the remainder Beneficiaries, the Trustee is admonished to
refrain from distributing property of the Trust to or on behalf of the Beneficiary that will
then be retitled in the name of the Beneficiary. The Trustee shall hold the title to all
property comprising the Trust even when that property is distributed to the Beneficiary for
his use. The Trustee may liquidate property of the Trust at any time, and such property
need not be held in the name of the Beneficiary.
No part of the Trust shall be used to supplant or replace benefits due from
any insurance carrier under any insurance policy covering the Beneficiary.
Prior to the death of the Beneficiary, the Trustee shall give special
consideration to paying any outstanding expenses of administration related to the Trust,
including reasonable attorneys' fees, and should further consider purchasing a
reasonable burial plan to pay expenses relating to the funeral of the Beneficiary.
It is our intention that the Trustee provides income in kind from this Trust,
including in-kind support and maintenance, if such distributions are necessary, in the sole
discretion of the Trustee.
I. The Trustee may, in the exercise of its best judgment and fiduciary duties,
seek support and maintenance for the Beneficiary from all available public resources.
The Trustee shall take into consideration the applicable resource and income limitations
of any public-assistance program for which the Beneficiary is eligible. The Trustee is
hereby granted full and complete discretion to initiate rendering the Beneficiary eligible for
any such program of public benefit and are granted full and complete discretion to initiate
either administrative or judicial proceedings, or both, for the purpose of determining
eligibility. All costs relating thereto, including reasonable attorneys' fees, shall be a
proper charge to the Trust. It is the intention of the Settlors that no part of the corpus of the
Trust created herein shall be used to supplant or replace public-assistance benefits of the
any county, state, federal or other government agency that has a legal responsibility to
persons with disabilities that are the same or similar to those that the Beneficiary may be
experiencing. For purposes of determining the Beneficiary's public assistance eligibility,
no part of the principal or undistributed income of the Trust shall be considered available
to the Beneficiary. The Beneficiary does not have the power to assign, encumber, direct,
distribute, or authorize distributions from this Trust.
In the event the Trustee is required to release principal or income of the
Trust to or on the behalf of the Beneficiary to pay for the benefits or services that such
� � S
8
public assistance is authorized to provide were it not for the existence of this Trust, or in
the event the Trustee is requested to petition the court or any other administrative agency
for the release of Trust principal or income for this purpose, the Trustee is authorized to
deny such request and are authorized, in their discretion, to take whatever administrative
or judicial steps may be necessary to continue the public-assistance program eligibility of
the Beneficiary, including obtaining instructions from a court of competent jurisdiction,
ruling that the Trust corpus is not available for the Beneficiary for such eligibility purposes.
Any expenses of my Trustee in this regard, including reasonable attorneys' fees, shall be
in a proper charge to the Trust. No Trustee shall be liable for any loss of Trust assets,
except for any loss caused by a Trustee's bad faith, wanton conduct or negligence.
The Trustee is entitled to terminate this trust a� any time at its sole
discretion, in which event, distribution shall be made in accordance with paragraph "J." of �
this Article.
I. The Trustee is directed and authorized to pursue all reasonable courses of
action to secure adequate and comfortable accommodations for the Beneficiary,
including the purchase of real estate which may serve as his residence, as long as proper
maintenance and care of the property and person of the Beneficiary can be assured.
J. This trust shall terminate upon the death of the Beneficiary. At such time,
the Trustee shall pay out of the income or principal of the Trust Estate, at the Trustee's
discretion, the expenses of the last illness and funeral of the Beneficiary. All of the
remainder of the trust Estate not yet disposed of shall be distributed IN TRUST for the
benefit of the issue, if any, of the Beneficiary with the terms of such trust as set forth in
Article Eighth, herein. Should the Beneficiary die without issue, all of the remainder of
the Trust Estate not yet disposed of shall be distributed in equal shares to my other
surviving children, or if such children are not then living, to their issue, per stirpes.
ARTICLE EIGHTH
GRANDCHILDREN TRUSTS
For each child of mine who does not survive me, a trust shall be created for the
issue of each such child as provided in Article Fifth, paragraph c., above, with such trust
titled in my name and the name of my deceased child, for example, "THE LOIS
SCHWEITZER/THOMAS A. SCHWEITZER TRUST."
The terms of each trust created under this Article Eighth of this Will are as follows:
G��
9
K. The Trust shall be irrevocable.
L. The Trustee of each Trust shall be KARL M. SCHWEITZER
M. My Trustee shall pay to or apply for the benefit of my deceased child's
children, all or a portion of the net income from this Trust as my Trustee in his sole
discretion shall determine, primarily for the medical care, comfortable maintenance,
welfare and education (which term whenever used herein shall include college,
postgraduate, professional or vocational education) of my deceased child's children,
taking into consideration to the extent my Trustee deems advisable, any other income or
resources of my deceased child's children known to my Trustee. Any net income not
distributed by the end of a calendar year shall be added to the principal of the Trust.
N. My Trustee may pay to or apply for the benefit of my deceased child's
children, such sums from the principal of this Trust as my Trustee in his sole discretion
shall deem necessary or advisable from time to time for the medical care, education,
support and maintenance in reasonable comfort of my deceased child's children, taking
into consideration to the extent my Trustee deems advisable, any other income or
resources of my deceased child's children known to my Trustee.
O. In making distributions to my deceased child's children for the income or
principal of this Trust, my Trustee may distribute at his discretion, but with the suggestion
that the cumulative distributions to each of such children be substantially equal.
P. When the youngest of my deceased child's children reaches the age of
thirty (30) years, my Trustee shall distribute to my deceased child's children, share and
share alike, all the principal of the Trust along with any undistributed net income. For any
of my deceased child's children who is not then living, his or her share shall be distributed
to his or her then-living issue, per stirpes, or, if no living issue, to my deceased child's
other surviving children in equal shares. Upon such distribution, the Trust shall
terminate.
Q. If a trust has been created under this Will for my deceased child's children,
and all of my deceased child's children shall die before any of them reach the age of thirty
(30) years, at the time of death of the last surviving of such children, my Trustee shall
distribute all principal and undistributed income of the Trust to the then living issue of my
deceased child's children for whom this Trust was created, per stirpes. Upon such
distribution, the Trust shall terminate.
� /"/ �7
10
ARTICLE NINTH
SPENDTHRIFT CLAUSE
Except as otherwise provided herein, all payments of principal and income
payable, or to become payable, to the beneficiary of any trust created hereunder shall not
be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall
any said beneficiary have the power to anticipate or encumber such interest.
ARTICLE TENTH
FORGIVENESS OF INDEBTEDNESS
If any legatee or their spouse under this Will is indebted to me at the time of my
death, I release and discharge such indebtedness but direct that such legatee's legacy
shall be reduced by the amount of such indebtedness, including any amounts which may
not be due until after my death but including any amounts which may be barred by the
statute of limitations. The determination of my executor of the amount of the
indebtedness shall be conclusive and binding on all parties.
ARTICLE ELEVENTH
PAYMENT OF DEATH TAXES
All estate, inheritance, and succession taxes, together with any interest and
penalties thereon, payable as a result of my death and imposed with respect to any
property, whether or not disposed of by this Will, shall be paid out of the residue of my
estate.
ARTICLE TWELFTH
EXECUTOR
I appoint my husband, WAYNE SCHWEITZER, as Executor of this Will, or, if he is
unable or unwilling to act or to continue to act in that capacity, then I appoint KARL M.
SCHWEITZER as successor executor. I direct that no action shall be taken in any court
in the administration of my inventory, appraisement, and list of claims of my estate.
���.
11
ARTICLE THIRTEENTH
POWER OF FIDUCIARIES
All fiduciaries (which term whenever used herein shall include my Executors and
Trustees) serving hereunder shall do so without bond or other security in any jurisdiction.
By way of illustration and not limitation and in addition to any inherent, implied or statutory
powers granted to fiduciaries generally, my fiduciaries are specifically authorized and
empowered with respect to any property, real or personal, or at any time held under any
provisions of this my Will: to allot, allocate between principal and income, assign, borrow,
buy, care for, collect, compromise claims, contract with respect to, continue any business
of mine, convey, convert, deal with, dispose of, enter into, exchange, hold mortgage,
grant and exercise options with respect to, take possession of, pledge, receive, release,
repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each
without regard to the income tax basis of such asset and in general, to exercise all the
powers in the management of my estate or any trust created hereunder which any
individual could exercise in the management of similar property owned in their own right,
upon such terms and conditions as my fiduciaries may deem proper or necessary to carry
out the purposes of this my Will, without being limited in any way by the specific grants of
power made and without necessity of a court order.
ARTICLE FOURTEENTH
APPOINTMENT OF TRUSTEE
Appointment of Trustee. I appoint KARL M. SCHWEITZER as individual Trustee of all
trusts that come into existence pursuant to this Will. Unless another meaning is clearly
indicated or required by context or by circumstances, the term "trustee" shall also mean
and include any co-trustees, alternates or successors while serving in such capacity
hereunder.
A. Power to Apaoint Individual Trustee: A majority of the individual
Trustees, or the sole individual Trustee if acting alone, may, at any time or
from time to time, appoint an individual Trustee to serve as a Trustee
hereunder. An individual Trustee so appointed may serve as either an
additional individual Trustee or as a successor to an individual Trustee.
B. Power to Appoint Corporate Trustee: A majority of the individual
Trustees, or the sole individual Trustee if acting alone, may, at any time or
����
12
from time to time, appoint a corporate Trustee to serve as a Trustee
hereunder. A corporate Trustee so appointed may serve either in addition to
the individual Trustee(s) or as a successor to an individual Trustee. The
Corporate Trustee shall serve alone if all individual Trustee thereafter die or
resign without appointing successor individual Trustee. For purposes of this
trust, the term "corporate Trustee" shall mean any incorporated entity that is
organized under any state law with one of its purposes to provide trust
services to the public.
C. Power to Chanqe Corporate Trustee: A majority of the individual
Trustees, or the sole individual Trustee if acting alone, may, at any time or
from time to time, remove any corporate Trustee of the trust created
hereunder, with or without cause, on at least 30 days notice (unless waived)
and may appoint a successor corporate Trustee. Any removal notice must be
by acknowledged instrument actually received by the Trustee being removed
and must contain the acceptance of the successor corporate Trustee, if any,
endorsed on it. A successor corporate Trustee appointed in this manner shall
have no powers under the early ending of trusts provisions, may only exercise
its discretion when given over principal, for the health, support, maintenance
or education of a beneficiary, and shall have no power to exercise its discretion
for the support of someone to whom a beneficiary hereunder has an obligation
of support.
D. Successor Trustee. No successor trustee shall be obligated to examine
the accounts, records, or acts of a previous trustee nor shall any such trustee
in any way or manner be responsible for any act or omission to act on the part
of any such previous trustee. Any claim or action against any such trustee
shall, in any event, be filed by a beneficiary in the appropriate court.
E. Compensation of Trustee. Any corporate trustee shall receive
compensation in accordance with its standard schedule of fees in effect while
its services are performed.
F. Power to Chanqe Situs: My Trustees shall have the power to change the
situs of any trust arising hereunder to any other state.
G. Waiver of Trustee's Bond. No bond for the faithful performance of duties
shall be required of any person named in this Will as trustee, or any successor
trustee.
� �� 5�
13
H. Successor Trustee Aapointment. The individual trustee shall have the
authority to appoint successors to any corporate trustee as vacancies occur,
the same being banking institutions authorized to provide trust services.
I. Resiqnation. Any trustee may resign at any time without court approval.
J. Disaqreement. In the event of a disagreement befinreen my trustees over
the retention, management, or sale of any investment, my individual trustee's
decision shall control and my corporate trustee shall not be subject to liability
for acting in accordance with his directions.
Extent of Authorities. These authorities shall extend to all property at any time held by
my Trustee and shall continue in full force until the actual distribution of all such property,
except as specifically stated. All powers, authorities, and discretion granted by this Will
shall be in addition to those granted by law and shall be exercisable without court
authorization.
ARTICLE FIFTEENTH
GENERAL
Effect of Inoperative, Invalid, or Illegal Provision
A. If any provision of this Will or of any Codicil thereto is held to be inoperative,
invalid, or illegal, it is my intention that all of the remaining provisions thereof shall
continue to be fully operative and effective so far as is possible and reasonable.
Headina
B. The headings above the various provisions of this Will have been included
only to make it easier to locate the subject covered by each provision and are not to be
used in constructing this Will or in ascertaining my intentions.
Number and Gender Defined
C. As used in this Will, whenever the context so indicates, the masculine,
feminine, or neuter gender, and the singular or plural number, shall each be deemed to
include the others.
�
l �f 5
14
IN WITNESS WHEREOF, I, LOIS SCHWEITZER, hereby set my hand t�this my
I�t Will, each page of which has been initialed be me, on this -� �° `tlay of
' t: , 2009, at York, Pennsylvania.
,
�1���� , ���r���c,,��
LOIS SCHWEITZER
Signed, sealed, published and declared by LOIS SCHWEITZER, the above-named
Testatrix, as and for her Last Will and Testament, in the presence of us, who in her
presence and in the presence of each other, have at her request subscribed our names
as witnesses hereto.
ail,� l�. - �/`�� �f 1'Q2!� G..O�Nr �j �-
'e�u, �. !�-��' Of Y°/�. �'�
, ,
y,
� f� �
15
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF YORK )
I, LOIS SCHWEITZER, the Testatrix, whose name is signed to the attached or
foregoing Last Will and Testament, having been duly qualified according to law, do
hereby acknowledge that I signed and executed my Last Will and Testament; that I
signed it willingly, and that I signed it as my free and voluntary act for the purposes therein
expressed.
�.�"� .S�y/����= �.
LOIS SCHWEITZER
Sworn and subscribed to
befo me, this C:,"� day
of � �- , 2009.
,
�� a1' �` ' �" e,�
NOTARY PUBLIC �OMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Elaine K.Wease,Notary Public
My commission expires:C�'�f�� �'-� HanoverBoro.York County
My Commtexkkan ns March 2D,2012
MAmb�r, rnn� van n ar�ai* n ri�s
G—��
16
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF YORK )
We, the undersigned witnesses whose names are signed to the attached or
foregoing Lasf Will and Testament, being duly qualified according to law, do depose and
say that we were present and saw the Testatrix, sign and execute her Last Will and
Testament, that the said Testatrix signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed; that each of us in the hearing and sight
of the Testatrix, signed the Will as witnesses; and that to the best of our knowledge the
Testatrix, was at that time eighteen or more years of age, of sound mind and under no
constraint or undue influence.
� ��/�V
�' � �-��—��----
Sworn and subs ib�ed to
before e, this , � `day
of �.� -- ,� 2009.
� -�
�L(.=�Ca� ��.�f� %_.c-�lt
NOTARY PUBLIC
t_?� �^/� OMMONWEALTH OF PENNSYWANIA
My commission expires:�'����� / �� r,o��,s,,,
Elaine K.Weese,Notary Public
Hanover Boro,York CouMy
My Commisaion Expirea March 29,2012
Member.Pennsylvania Associa6an of Notarfes
` �, /' f
l�,%;=:� �C�I.C�.���
17
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
No. 20 94- 00555 PA No. 2 9- 94- 0555
Es ta te Of: LOIS A SCHWEITZER ,
lFiist,Middle,LasU �j � �1
� �'J 1"p''
f'�'i
� � � �� �
La te Of: UPPER ALLEN TOWN�rII� z �n �
CUMBERLAND COUN�V� c-> �
� T r-
r--, �. �.�, � a t:; �
Deceased
Social Securi ty No: 174-20 8C�4°�' , ; c�
c:_i r-., �..� � :,.� �
;;, c� -z�
C� ''--. C7
. �7 f V 3` Ct`I
WHEREAS, on the 6th day of June 2014 an instr�r►e"'r�it da .t�d � �
August 20th 2009 was admitted to probate as the last will �f
L OlS A SCHWEITZER
(Fiist,Middle,Lastl
late of UPPER ALLEN TOWNSH/P, CUMBERLAND County,
who died on the llth day of April 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
KARL M SCHWEITZER
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 6th day of June 2014.
-- ,
{, 'J�i"f '�, l. �J ��t�" ( � i j
Register of ' lls
r/ - t � ^
` � �•
� r �'y��,�.! .,,4 i 5•� ,� T�� ; +(i ��' ^1'�� ,�� .'
Y
Deputy -
�_,�
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)