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Home My WebLink About09-30-14 Reset � � PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information �J'�C�' Name: Carolvn Smith Schmick File No: ��' �� ' !C�/ 1 a1k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: 244-48-7653 Date of Death: 9/10/14 Age at death: 80 Decedent was domiciled at death in Cumberland County, pennsytvania (Srate)with his/her last principal residence at 675 Saint Johns Drive.Camn Hill,PA 17011 Hamvden Townshin Cumberland Street sddress,Post Oftice snd Zip Code City,Township or Borough County Decedent died at 1701 Linelestown Rd,Harrisbure,PA 17110 Susauehanna Township Daunhin PA Street address,Post Office sod Zip Code City,Townahip or Borongh County State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania............................ All personal property $ 10,000.00 If not domiciled in Pennsylvonia. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $ 10.000.00 Real estate in Pennsylvania situated at: None (Attach additional sheets,if necessary.) Street address,Poat Oftice and Zip Code City,Township or Boroug6 County � A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/aze the Executor(s)named in the last Will of the Decedent,dated 12/11/2013 and Codicil(s) thereto dated None State relevsnt circumstences(e.g.renunciation,death of executor,eta) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g),and did not have a child bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS Q EXCEPTIONS � B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or 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 the grounds for div�e had been�lish�a�efined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person� O �.� � C'� �7 � � p �NO EXCEPTIONS Q EXCEPTIONS p '"� ~o r-� � . __ _.. Petitioner(s),after a proper seazch has/have ascertained that Decedent left no Will and was survived by the follo�"vangsp�i�e(if�)and heif5�"attach additional sheets,ifnecessary): �' ' �,; :: '-' � . . <:::a C� Name Relationshi Addresc� r-n 3 - 'T� _._ C� :`='�i rV C'"_• �Tt ._..1 �."'" �� - ` O `�'1 Fo�ew oz .ev. �oi�vzn» Page 1 of 2 k " Official Use Only Oath of Personal Representative r v COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Ben'amin Beiber Schmick,III 675 Saint Johns Drive,Cam Hill,PA 17011 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will w 11 and truly administer the estate according to law. � � � Date � Sworn to or affirmed and subscribed before ��``2C��- � � � .i4 me t �s� ay of �` , �� Date gy: '�.• Date For the Register � Date BOND Required: Q YES Q NO To the Register of Wills: FEES' � Please enter my appearance by my signature below: Letters•. . . . . . . . . . . . . . . . . . . . . . $ � Attorne Signature: ( 5 ) Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . ( )Codicit(s). . . . . . . . . . . . . ' ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Vicky Ann Trimmer Commission. . . . . . . . . . . . . . . . . . Supreme Court Oth�r . . . . . . . . ID Number: 49679 � .!\ . . . . . � Firm Name: Persun&Heim,PC �� . . . . . . . . G'-, Address: p0 B�x 659 . . . . . . . MPChanicshurg;PA 17055-0659 „r`-�� . � . . . . . . . . n r �1 rn O � C"� , . . . . . . Phone: 717-620-2440 � � �``Jn� � Automation Fee. . . . . . . . . . . . . . . � . � Fax: 717-620-2442 -4-y � r.�... _ _ ---d � ..,� JCS Fee. . . . . . . . . . . . . . . . . . . . . _ Email: vatrimmPrCcilnercnnhc��m_crrin`�� .-..,��-��_ x -� � TOTAL. . . . . . . . . . . . . . . . . . . . . $ `. 0 ' ; ; __ —� �m.r� 'T"] � .. `�"i DECREE OF THE REGISTER � ; I rv r=� m _ o-.- ca Estate of Carolvn Smith Schmick File No: ��—�y=Ww'— L'`/��j � "n a/k/a: NA AND NOW, l.'�"� � !� , ��I , in consideration of the foregoing Petition, satisfactory proof having been presente before me,IT IS DECREED that Letters Testamentary are hereby granted to Benjamin Beiber Schmick,III in the above estate and(if applicable)that the instrument(s)dated December 11 2013 described in the Petition be admitted to probate and filed of ecor as the last Will (and Codicil(s))of Decedent. � � �� Register of Wills` ,� ,�� Form RW-01 rev. 10/11/Z01/ �� 0 2 Of 2 ,.:�,. . ,�.,� ? ,�,�� .��;�<�,«�,�,��. �«,-- HI05.805 REV(9/Il) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. RECORDED OF��F �F ��G,��`�` �� L�.S This is to certify that the information here given i: Fee for this certificate, $6.00 �,,,�� ,��p�.ZH OF pE';: _ correctly copied from an original Certificate of Deati ��I� s�� 3� F� ? ��-=_ ==-_y`�G; duly filed with me as Local Registrar. The origina :� __ -° - 9' certificate will be forwarded to the State Vita �°- � ' a� Records Office for permanent filing. CL��;;. :)�= :� .� . ORPNAP��' "- _°�, - ~��'�� G�2 � P 2 0 .7 4 7 7 � a cuM�� o�,, � �qqT E��,a�,�' y� SEP�1 'S 2�1b . � �:�. " �� M Cemfication Nu_mber � � � � •, ''---..,,ENT�O,,,,,��'''��, . - _. _ _ ___ Lncal Registrar__ Q .._ Date Issue�i_ Type/Print In COMMONWEALTH OF PENNSVLVANIA�DEPARTMENT OF HEALTH�VITA�RECORDS Permanent Blacklnk CERTIFICATE OF UEATH StafeFlleN�mbet: 1.Decedenf's Legal Name(Ft�st,Middla,Last,Suffix) 2.Sex 3.Social Security Number 4.Date of Dea[h(MO/Day/Yr)(Spell Mo) Carolyn S. Schmick Famal@ 244-48_7653 Sep �O,2o�a - Sa.Age-Last Blrthday(Vrs) Sb.Untler 1 V�ar Sc.Untler 1 Da 6.Daie of Birth(MO/Day/Year)(Spell Month) 7a.Birthplace(City antl State or Forelgn Co�ntry) gQ Months oays No�� M��ie� pgcamber�7, '1933 �@ep Run, NC � 76.Birthplace(co�r,cy) Lenoir Ba.Resitlence(SiaYe PA relgn Couniry) Hb.Resitlence(Street antl Number-Inciutle Api No.) 8c.Did Decetlenf Live in a Township7 675 Saint Johns Uriva Q9 Ves,decedenC lived in Hampden �P aa.ne:ide��o(co��ey> Cumberland 8e.Resldence(Zip Code) �No,decedent lived wifhin Ilmits of city/boro. 9.Ever In US Armed Forces7 10.MaAtal 5[atus at Time of Death � Married O W�dowetl 11.Surviving Spouse s Name(If wife,give prior io first marriage) �Yes � No �Unknown � Olvorced � N¢ver Married �Vnknow Benjamin B.SCF1TICk 111 12.Father's Name(First,Middle,Last,SuHix) 13.Mother's Name Pr(or fo First Marriage(Firsf,Middle,Last) Walter Smith �oris Smith 14a.Informant's Name 14b.Relationship So D¢cedenc 14c.Informant's Mailing Address(Street and Number,City,Staie,Zip Cotle) 0 BenJamin B.Schmiolc 111 HUSBANU 675 Saint Johns Urive Camp Hili, PA 170�1 G _ isa. a�e o oe�t e� o.,Yo.,eL _ If Death Occurrad In a Nospital C] Inpattant f �If Deaih Occu retl Somewhere Other Than Hospital �Hospice Faciliiy �[] Decedent's Home ° � Eme�gency Room/OUtpatlent 0 DeaA on Arrival � Nu�sing Home/LOn -Term Care Facllity �Other(Specify) � 15b.Facility Name(If not InsSituilon,give street and number) 'i5c.City or Town,State,and Zip Code 15d.County of Death Hosplce of Cantral Pannsylvania Rasidenea Harrisburg,PA 17�10 Uauphin m16a.Method of Dlsposition � Burial 0 Cremation 16b.DaSe of Disposition 16c.Place of Disposition(Name of cemetery,«ematory,or other place) p a�mo�a�rro�.,saac� O oo�ano� Se 19,20'14 - O Other(SpeGfy) P Harmony Cemetery ± 16d.Location of DlSposition(City or Town,Siate,and Zip) 17a. na[u e of F rvl or Person in Charge of Interment 1Jb.License Number X Mllton,PA�7847 FD�38696 � Ryan C.Peliman E 17c.Name and Comptete Address of Funerel Facllliy ,s Muaselman Funeral Home and Cramatlon Services Inc.324 Hummel Avanue Lemoyne,PA�7043 m 18.Decedent's Education-Check tfie box that best descrtbes the 19.Decedent of H(spanic Origln-Check ihe 20.Detedent's Rate-Check ONE OR MORE races to i�dicate what � highest tl�gree or level of school compleied at the tlme of dea�h. box Shat bes2 describes whether ihe tlecedent the decetlent consideretl himself or herself to be. � Bth grada o�less is Spanish/Hispanic/�afino. Check She"NO" � WM1ice � Korean � No diploma,9tfi-12th grade box If dccedent is nof 5panish/Hlspanic/�atlno. O B�ack or African American O Vietnamese 0 High school g�aduate or GED complefed � No,not Spanish/Hispanic Laiino 0 SomC college retlit,but no degree �Yes,Mex n,Mexican American,Chicano � Asia�'India�tlian or Alaska NaSive 0 Other Asian O Assoclate degree(e.g.AA,AS) O Ves,Puerto Ritan O Native Hawaiian � Bachelor's degree(e.g.BA,AB,BS) � Yes,Cuban � Chinese � G�amanian or Chamorro �( MasteYS deg�ee(a.g.MA,M5,MEng,MEd,MSW,MBA) O Yes,other 5 � F��P�� O Samoan panish/Hispanic/Latino O Japanese O Other PaciFlc IslanCer 0 Dociorafe(e.g.PhO,EdD)o�P�ofe55ional degree (Specify) 0 Other(Specify) .MD DDS DVM ll0 JD 21.DecedenYS Single Race Self-Designation-Check ONIV ONE to Indicate whai ihe decetlenf considered h)mself or herself to be. 22a.Decedenf's Usual Occupation-Indicate NPe of work ['�White �lapanese � Samoan tlone during most of working life. DO NOT USE RETIRED. O B�ack o�Af�ican Amerlcan � Korean � Other Pacific Islantler PfOfCSSOf � �AmaMCan Indlan or Alaska Nailve �Vletnamese 0 Don't Know/NOt Sure O Asian Indlan � O[her Asian � Refused 226.Kintl of B�siness/Ind�rstry � � Chinese Q Native Hawailan � Other(Specify) � FIIlpino � Guamanian or Chamorro University ITEMS 23a-23d MUST BE COMPLETED 23a.Date P onounc d De d(MO/Oay/Yr) 236.Signature of Person Pronouncing Deach(Only when applicable) 23c.License N�m�b/er � BV PERSON WHO PRONOUNCES OR �/J v �� - ^,^_//C N ��J/� � 9 Q /� CERTIFIES DEATH '7 23d.Oate Sig ed(M /Da/Yr) 24.Time f Death �-��=� � 25.Was Medical Examiner or Coroner Contacted? � Yes No CAUSE OF UEATH � Approximate 26.Part 1. Enter the chaln of events--diseases,Injurles,or compllcations-fhat direc[ly caused the death. DO NOT enSer terminal events such as cardlac arrest, � Interval: resplratory arrest,or ventricular flbrillatlon without s/iowing the etiology. DO NOT ABBREVIATE. Enter only one cause on a line. Atltl additional Itnes if necessary. 1 Onset to Oea[h . /�� p � IMME�IATE CAUSE ---------------> a. lAN�C��A I_T ��}a�/(�/�-� � (Final tllsease or condition Oue to(or as a consequence of): resulting in death) � b. � Sequentlally Ilsi conditlons, Due to(or as a consequence of): � If any,Ieading to the cause � Ilsted on Iine a. Enter the UNDERLYING CAUSE Due to(or as a consequence ofJ: � � (tllsease or injury that � W � Initlated the events r�sulting tl. � F in deaih)LAST. as a con Due to(o sequence of): . s 26.Part 11. Enier ocher i Ifl i ditl i Ib tl t tl th but not resulting In the untleriying cause gNen In Part I. 27.Was an autopsy performed? \, � Yes � No w � � 28.Were a�topsyflntlin � °O � to complexe the ca�se of dea h? 'v � O Yes � No � 29.If Female: 30.Did Tobacco Use Contribute io Deathi 31.Manner of Deafh � s � NoLp�egnaniwithlnpastyear � Ves 0 Probabl . O Pre t at time of death Y � Natural O Homicide � �' 0 No gp egnant,but pregnant wlthin 42 days of deaih �' NO O Unknown O Accident p Pentling Invescigation �`v � � Not pregnant,but pregnant 43 days to 1 year before tleath 32.Date of In � Sulcide 0 Could not be determined 0 Unknown if pregnant within the past lury(MO/Day/Yr)(Spell Month) y�ar 33.Time of Injury 34.Place of InJury(e.g.home;construcilon slte;farm;school) 35.Location of Injury(Street and N�mber,Ciiy,County,Siate,Zip Code) � � 36.InJury ai Work 37.If Transportation InJury,Specify: 38.Describe How Injury Occurretl: . � Ves � Driver/Operetor � Pedestrlan ' L` O No O Passenger O Other(Specify) '� 39 Certifler-physician,certified nurse prectl[toner,metlical ezaminer/coroner(Check only one): Q ��.'y�^Cartifying only-To fhe best of my knowledge,death occurred due fo ihe cause(s)antl m r statatl. iLJ Pronouncing R CertNying-To the best of my knowledge,death occvrred at the Hme,da(enand place,and due to the cause(s)antl manner s(afed. � 0 Mcdical Examiner/COroner-On th a is of e aminaNOn antl/or investigaHOn,In my opinion,death oc red at the ilme,date,and place,and d�e co the caai e(s)and m r stated. (� � Signalure of certlFler: Title of certifler: license Number. L Ze / `� 39b.Name,AAtlress and Zip Cotle of Person Comp eting Cause of Death(Item 26) 39c.Date Signed(MO/Day/Yr) � / � O rs � 40.R st�a�s District Num er 41.Regisira�'s Sign e 42.Regist�ar te Oate(MO/Day/Yr) � �/ -oz �� 9/�s/ �o i� � 43.Amendments � oi�oo��<�a„vP..,,�z N�. 1/7�i/.-.R4�-/ e�'o�,��3-. � F � � � T . )�,G�� `'1�� i I`! �v�d��' �� OF CAROI,YN SMITH SCH�IICK I, CAROLYN SMITH SCHMIL`�K, of Hampden Towr�hip, Cur�erlan�, c -� �' rn Caunty, Pennsylvania, do make, publish and declare this to be m,�y�I.,�t Wilrnand� o � '"L7 r� � Testament, hereby revoking all Wills and Codicils by me at any t'��e.w :,�� ' .,. �'7 O ::Y� ca �;-: _ , , , <::3 C� ITEM I: I direct that all inheri�ance��d�tat;� � : _. ..� � t�es becoining due by re�son of my death, whether payable by �-y. es�tate or�y ��" - �� recipient of any property, shall be paid by tr�e Executor out of the residue o�ny estat•e, as an expense and cost of'adminisira.tion of my estate. The Executor shall have no duty or obli�ation to o}�tain i�eimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expense,- i�f my last allnes� and funeral expenses from the residue of my estate as an expens� �nd cost of adminisi.ration of my estate. ITEM III: I specifically decline to exercise the Power of Appointment contained in the I,ast Will and Testament of my husband, BENJAMIN BEIBER SCHMIC-:�, III. ITEl�� IV: If I survive my husband, BENJAMIN BEIBER SCHMIC�, III, I givEi and devise my interest in Schmick Properties, LLC to my son, MICHAEL B. SCHl�7ICK, to be held in the Trust established for him in Item VII. � give my �,on, DAVID �T. SCHMTCK, �xnd my daughter, C. ELIZAB�TH SCHMICK, each an amount F�tial to the va.lue of my interest in Schmick Properties, Page 1 � S'-S' „ � : . . LLC as finally determined for death tax purposes. The share of my son, DAVID N. SCHMICK, shall be held, administered and distributed as provided in Item IX hereof. The share of my daughter, C. ELIZABETH SCHMICK, shall be held, established and distributed as provided in Item VIII hereof. ITEM V: If I predecease my husband, BENJAMIIV BEIBER SCHMICK, III, I give and bequeath to him, absolutely and in fee simple, all of my household furniture and furnishings, books, pictures,jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not predecease my said husband, I may leave a written statement or list in my safe deposit box disposing of certain items of my tangible personal property not otherwise disposed of herein. Any such statement or listing in existence at the time of my death sl��all be determina.tive with respect to all items devised therein. If no written statement or list is found in my safe deposit box ar elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequent discovered statement or list shall be ignored. Any such property not listed in such a written statement I give and bequeath to my children to be divided as they agree. ITEM VI: I give, devise and bequeath all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, to my husband, BENJAMIN BEIBER SCHMICK, III. If he does not survive me I make this gift as follows: (i) One third for the bene�t of my son, MICHAEL B. SCHMICK, if he survives me. If he does not survive me, this share shall be divided equally between the Page 2 � � s . , • , ' � ' • shares passing to my daughter, C. FLIZABETH SCHMICK and my son, DAVIU N. SCHMICK.; (ii) One third for the benefit of my daughter, C. ELIZABETH SCHMICK. If she does not survive me, this share shall be divided equally between the shares passing to my son, MICHAEL B. SCHMICK and my son, DAVID N. SCHMICK.; and (iii) One third for the benefit of my son, DAVID N. SCHMICK, or his then living issue, per stirpes. The share for my son, MICHAEL B. SCHMICK, shall be held, administered and distributed as provided in ITEM VII hereof. The share for my daughter, C. ELIZABETH SCHMICK, shall held, administered and distributed as provided in ITEIVI VIII hereof. The share for my son, DAVID N. SCHMICK, or his issue shall be held, administered and distributed as provided in ITEM IX hereof. (e) For the purpose of construing the provisions of this Trust, and all other Trusts established under this Will, an individual shall not be considered the issue of any of my children or grandchildren, unless such individual is either the natural issue of my child or grandchild, or was adopted by my child or grandchild during the childhood (defined to be prior to age 18) of such individual, and the relationship of my child or grandchild with that individual is that of parent and child. Page 3 e � ITEM VII: The following provisions shall apply to the separate Trust established for the bene�t of my son, MICHAEL B. SCHMICK: (a) The Trustee shall pay the net income arising from the principal of this Trust in convenient installments to my son, MICHAEL B. SCHMICK, during his lifetime. (b) During the lifetime of my son, the Trustee shall pay to or for the benefit of my son so much of the principal of this Trust as may be necessary, in the sole discretion of the Trustee, for the proper support, maintenance, medical care and college or higher education of my son. (c) Upon the death of my son during the continued existence of this Trust, the Trustee shall distribute the remaining principal, in equal shares to the separate Trusts established for the benefit of my daughter, C. ELIZABETH SCHMICK, and my son, DAVID N. SCHMICK. If either of these Trusts has terminated pursuant to its provisions, the share which would have passed to that Trust shall be distributed to the beneficiaries or trusts who received the principal of that Trust, in the same proportion by which they received the principal of the terminated trust. ITEM VIII: The following provisions shall apply to the separate Trust established for the benefit of my daughter, C. ELIZABETH SCHMICK: Page 4 S':.�'' (a) The Trustee shall pay the net income arising from the principal of this Trust in convenient installments to my daughter, C. ELIZABETH SCHMICK, during her lifetime. (b) During the lifetime of my daughter, the Trustee shall pay to or for the benefit of my daughter so much of the principal of this Trust as may be necessary, in the sole discretion of the Trustee, for the proper support, maintenance, medical care and college or higher education of my daughter. (c) Upon the death of my daughter during the continued existence of this Trust, the Trustee shall distribute the remaining principal, in equal shares to the separate Trusts established for the bene�t of my son, MICHAEL B. SCHMICK, and my son, DAVID N. SCHMICK. If either of these Trusts has terminated pursuant to its provisions, the share which would have passed to that Trust shall be distributed to the beneficiaries or trusts who received the principal of that Trust, in the same proportion by which they received the principal of the terminated trust. ITEM IX: The following provisions shall apply to the separate Trust established for the benefit of my son, DAVID N. SCHMICK: (a) The Trustee shall pay the net income arising from the principal of this Trust in convenient installments to my son, DAVID N. SCHMICK, during his lifetime. (b) During the lifetime of my son, the Trustee shall pay to or for the benefit of my son so much of the principal of this Trust as may Page 5 � �-S be necessary, in the sole discretion of the Trustee, for the proper support, maintenance, medical care and college or higher education of my son. (c) Upon the death of my son during the continued existence of this Trust, the Trustee shall divide the then remaining principal into as many equal shares as there are then living issue of my son, per stripes. Each share shall continue to be held in trust to be administered and distributed as follows: (i) The Trustee shall pay to or for the benefit of the beneficiary so much of the income and/or principal of this Trust as the Trustee deems necessary for the support, maintenance, medical care and education of the beneficiary. Income which is not distributed at the end of the calendar year shall be added to principal. (ii) No distributions of principal or income shall be made for traditional support obligations of a parent while the beneficiary is under the age of eighteen (18). (iii) No distributions of principal or income shall be made unless the beneficiary has satisfactorily passed a blood, urine or other similar test for the presence of alcohol and/or drugs within the past 90 days. Any drug appearing in the test results must be proven by the beneficiary to be the subjec:t of a valid prescription, or for non-prescription drugs being taken on the advice, of a licensed physician. Page 6 �S' S (iv) No distributions of principal or income shall be made unless the beneficiary is employed on a regular basis for a minimum of 25 hours per week, attending an educational training program or school which is eligible to participate in the federal financial aid programs at least 12 hours per week or proven to be under a permanent disability which prohibits the beneficiary from meeting the previously discussed standards in this paragraph. The Trustee may require the beneficiary to provide proof of employment andior proof that the beneficiary is attending the educational training program or school as required by the policy of the program or school and maintaining at least a C average or its equivalent. Proof of the disability must be established to the sole satisfaction of the Trustee and the Trustee is permitted to require regular medical exams by a physician chosen by the Trustee. (v) In December of the year in which the beneficiary attains the age of forty (40) years, the Trustee shall pay to the beneficiary one-third (1%3) of the then remaining principal. (vi) In December of the year in which the beneficiary attains the age of f"ifty (50) years, the 1'rustee shall pay to the beneficiary one-half(1/2) of the then remaining principal. Page 7 L S� (vii) In December of the ,year in which the' beneficiary attains the age of sixty (60) years, the Trustee shall pay to the beneficiary the then remaining principal. (viii) Should the beneficiary die before final distribution of his or her Trust but be survived by issue, the Trustee shall further divide the then remaining principal into as many per stirpital shares as there are then living issue of the bene�ciary. Each share shall be held as a separate Trust for the benefit of the issue under the same terms and conditions as provided in this subparagraph (c). If the beneficiary is not survived by any issue, the then remaining principal shall be paid the then living issue of my son, DAVID N. SCHMICK, per stirpes provided that that if there is then an existing Trust for the benefit of said issue such assets shall be added to the then existing Trust created for the benefit of such issue. ITEM X: The Estate and/or Trusts established hereunder may contain interests in Schmick Properties, LLC and/or West Milton State Bank stock. The Executor and/or Trustees are specifically directed to retain these assets in kind and not to sell or otherwise liquidate them. Upon the termination of any Trust holding such interests, they are to be distributed in kind to the beneficiaries receiving the distribution. In the event of a substantial negative change of financial condition or upon the merger of an entity with another, the Trustee may sell or otherwise liquid�te tY�.ese interests provided they obtain the advance written consent of the income beneficiary of the Trust holding such interest. If the beneficiary is a minor (defined to be a person under age 21 for this purpose), Page 8 , �J the parent of the minor related to me by blood or adoption shall act on behalf of the minor beneficiary. ITEM XI: No part of the income or principal of the property held under any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any bene�ciary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation, pledging or assignment by any beneficiary under a Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said bene�ciary. ITEM XII: In the settlement of my estate and d�zring the continuance of the foregoing Trusts, the Executor and the Trustee shall possess, among others, the following powers: (a) To retain any investments I may have at my death, including specifically those consisting of stock of any bank even if I have named such bank as the Executor or Trustee herein, so long as the Executor or Trustee may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable by the Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other property, real or personal, as they shall deem wise, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. Page 9 �- � S (c) In order to effect a division of the principal of a Trust or for any other purpose, including any final distribution of a Trust, the Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts created hereunder so long as the total market value of any share is not affected by such division, distribution or allocation in kind. Should it appear desirable to partition any real estate, the Executor or Trustee is authorized to make,join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale and upon such terms and conditions as the Executor or Trustee may deem advantageous to the estate or Trust, any or all real or personal estate or interest therein owned by the estate or Trust severally or in conjunction with other persons or acquired after my death by the Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon the Executor or Trustee in this paragraph or elsewhere in my Will. (e) To mortgage real estate, and to make leases of real estate. Page 10 �� (f� To borrow money from any part,y, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of admini�tration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate therefor. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or a Trust. (h) To make distributions of income and of principal to the proper benef"iciaries thereof, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote any shares of stock which form a part of the estate or Trust, and otherwise to exercise all the powers incident to the ownership of such stock. (j) In the discretion of the Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the estate. (k) To disclaim any interest in property which would devolve to me or my estate by whate�•er means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a perso�� entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. Page 11 � � S (1) To do all other acts in their judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate or Trust. ITEM XIII: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways if the Trustee, in the sole discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: � (a) Directly to the beneficiary; (b) To the legal guardian or conservator of such bene�ciary; (c) To the Trustee, or to another per�on selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21? years; (d) To a relative of the beneficiary, to be expended by that relative for the benefit of the bene�ciary; or (e) By directly applying distributions for the benefit of the beneficiary. This power shall not apply to any trust which has qualified for the marital deduction in my estate. ITEM XIV: In the event �hat there should be established in the Last Will and Testament of my husband, BENJAMIN BEIBER SCHMICK, III, Trusts similar to the Trusts herein established for the benefit of my Page 12 �� children and their issue, the Trustee of each of said Trusts created in this Will shall have the right of inerging it with the similar Trust for the same beneficiaries created in the Wills of my husband or father-in-law and operating each of said merged Trusts as a single Trust. ITEM XV: Any person who shall have died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself� who shall have died at the same time as any then recipient of income or in a common disaster with such bene�ciary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased such beneficiary. ITEM XVI: I hereby nominate, constitute and appoint my husband, BENJAMIN BEIBER SCHMICK, III, to be the Executor. In the event of his death or his inability or refusal to serve, I nominate, constitute and appoint my son, MICHAEL B. SCHMICK, to be the Executor. The Executor is specifically relieved from the duty or obligation of filing any bond or other security. ITEM XVII: I hereby nominate, constitute and appoint FULTON BANK, N.A. as the Trustee of any trusts established herein. The Trustee is speci�cally relieved from the duty or obligation of filing any bond or other security. ITEM XVIII: After the death of the survivor of my husband and me, my children, acting together and unaMimously, �hall have the power to remove FULTON BANK, NA as Trustee of all Trusts established herein. My sons, MICHAEL B. SCHMICK and DAVID N. SCHNIICK, shall serve as Successor Trustees of the Trusts established fo.r the benefit of my son, DAVID N. SCHMICK. My son, MICHAEL B. SCHMICK, and r��y daughter, C. ELIZABETH Page 13 � S� SCHMICK, shall serve as the Successor Trustees for the Trust established for the benefit of my daughter, C. ELIZABETH SCHMICK. My sons, DAVID N. SCHMICK and MICHAEL B. SCHMICK, shall serve as Successor Trustees of the Trust established for the benefit, my son, MICHAEL B. SCHMICK. In each Trust established for a child of mine, the co-trustee who is the sibling of my child's sole responsibility as a co-Trustee shall be for purposes of consenting to or determining the appropriateness of a discretionary distribution of principal. The beneficiary of any Trust established hereunder shall have the right to remove the named Trustee and replace the Trustee with a Corporate Trustee. The last surviving Trustee of any Trust established hereunder shall appoint his or her successor Trustee in writing in their Last Will and Testament. The successor Trustee shall be a corporate Trustee. A corporate Trustee may be removed by the income beneficiary of any Trust established herein in the event of a merger or acquisition provided that a new Corporate Trustee shall be appointed. Following the death of the last of my children, no individual shall serve as a Trustee of any Trust established hereunder. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding fourteen (14) pages, at the end of each page of which I have also set my initials for greater security and better identification this � day of�(a �-��(`(�t�r _, 2013. � �� AL) CAROLY SM TH 5CHMICK Page 14 ��'--' We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. � (al (SEAL) Residing at �� o�-.-�(��_ tC CJ� • `� � � � �. � � I �/ �� ,�.c;l � SEAL) Residing at �'c�u �. l,C�►r�-c��-S 7� � � .=c �1.a�,i c � S ��, f i+. l '7(3.lT" �°�-- (SEAL) Residing at _ � S - ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF C�^�� '� ) I, CAROLYN SMITH SCHMICK, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly quali�ed according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I sigried it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ,p ,.5�� .AL i CAROLY TH SCHMICK ` Sworn to and subscribed before me this �� day of �(�� , 2013. �� ;��i/_`.��v N ary Public My Commission Expires: ��'��,�t��; ��/7' (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Julia A. Wieman,Notary Public Siiver Spring Twp.,Cumberla�d Counry �+ly Commission Expires Aug.28, 2017 NE�•l6ER, FEN115YlVANIA ASSOqA1I0f1 OF 1tOlARIES • c , . • � AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) � ) SS: COUNTY OF C�'^^��:'�"-l�ti ) We, �,�1� �'�'�`�� , ��1 �-f�'f �r� 4�- and , 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 Testatrix, CAROLYlV SMITH SCHMICK, sign and execute the instrument as her Last Will and Testament; that Testatrix signed willingly and that she executed said Will 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 (18) or more years of age, of sound mind and under no constraint or undue influence. � �- � �� tness Witnes Witness Sworn to and subscribed before me this � day of �(�,�� , 2013. � � !'1 .��n.. tary Public � y Commission Expires: �L* �� c� �-�niJ SEAL � ( ) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Julia A.Wieman,Notary Public .Sitver Spring Twp.,Cumberiand County My Commission Expires Aug,28, 2017 33098v1 MEMBER, GEIINSYLVAiIIA ASSOCIA110�I OF t TARIES REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA �,� I � �F �uM � ' "` .� r ` .� eF,� No. 2014- 00939 PA No. 21- 14- 0939 J� � � Es ta te Of: CAROL YN SMITH SCHMICK� � O D Z (First,Middle,Last) � 4 ^� �"j rn � v � � �; � � � La te Of: HAMPDEN TOWNSHIP `-r.�r' � � �"° cn �-°,, CUMBERLAND COUNTY r��' �' r� o .�;.F � M ;7 • Deceased ' ��` `' Social Securi ty No: 244-48-7653 � , -n .� � 1750 3 • �� .,;: - � � � :-- P..,, m WHEREAS, on the 30th day of September 2014 an instrument K�t�$ � December llth 2013 was admitted to probate as the last will of CAROL YN SMITH SCHMICK (Fiist,Middle,Lastl late of HAMPDEN TOWNSH/P, CUMBERLAND County, who died on the lOth day of September 2014 an 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 certi fy tha t I have thi s day gran ted Let ters TESTAMENTARY to: BENJAMIN BEIBER SCHMICK lll who has duly qualified as EXECUTOR(R/Xl 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 30th day of September 2Q14. � , �� d � � �f ;, i � � (' ; / �� : ,F j ��.�i � \ ��.J� � `•1 �.. � '� �� f t , •Register of W ls ;� i �, + ( � j' � i ;� ; ��.� a,l + ,, � + t. -�_ �-�_ +; � t ; _,t� '', •-- Deputy t ' J � i� _ **NnTF** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)