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Home My WebLink About10-02-14 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: Tracv A.Nickelsburg Decedent's Information Name: Marie A.Zierdt File No: 21-74 " a/k/a: (Assigned by Register) a/k/a: �Wa� Social Security No: Date of Death: 08/16/2014 Age at Death: 79 Decedent was domiciled at death in Cumberland County, pq (State)with his/her last principal residence at 100 Mt.Allen Drive,Mechanicsburg 17050 Mechanicsburg Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Tri City Medical Center4002 Vista Way 92056 Oceanside San Diego CA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: If domiciled in Pennsy/vania...................... All personal property $ ,S�, O"�o - cr0 . Ifnot domiciled in Pennsylvania................ Personal property in Pennsylvania $ Ifnot domiciled in Pennsy/vania................ Personal property in County $ Va/ue of rea/estate in Pennsy/vania................................................................... $ ^O-- TOTAL ESTIMATED VAWE $ �5�9 n� 'ep Real estate in Pennsylvania situated at (Attach addiNOnal sheets,i/necessary.) 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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 05/10/1994 and Codicil(s) thereto dated _Inann M Rgrvar anrl[_rai�p_7igrdt hayP ranni�nr.Pd thair riqht to serve as EXeGLtors 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 mar 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 kiiling nor ever adjudicated an incapacitated person. �NO EXCEPTIONS � EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate If Administration,c.La or d.b.n.c.t.a.,enter date of Will in Section A above and comolete list of heirs. � � Except as follows:Decedent was not a party to,pending divorce proceeding wherein the grounds for divorce ha�een establish d as�@fi�d in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated an incapacitated person. � p « � C� � C� .,,,,, O �NO EXCEPTIONS � EXCEPTIONS �� —i � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the follain�nc,�sp6Cfse(if any)ar�¢ih�ir�(attach additional sheets,if necessary): !�� __' e�� N °:�,a � _ r•,� �. ;::� �"J Name Relationship Address �:, -=�-� � ~ � , ;; ~ �'�` rn -^� N (" ._ � 'rl Form RVV-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } COUNTY OF Cumberland } SS: } Petitioner(s)Printed Name Petitioner(s)Printed Address Tracy A.Nickelsburg 303 West Masonic View Avenue Alexandria,VA 22301-2418 �? o � o � � m cz, � �e-�.. � c� � � � — � � ;.� �� r�� :�i c� �r! N �.q � _. � .� �� •, � �7 �,� �� , � �;'� �-.. The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition true and correct to the be`s't of the kn ledge�a� belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,P ' s)will well and truly admini5fer the estate aCCordir({�tocts . Swom to or affimded a s ' ed before � ��—�--v��,� �at� 0 me th s �xay� � Date BY F the ister Date Date BOND Required? � YES � NO To the Registerof Wl/s: FEES: Od Please enter my appearance by my signature below: Lett . . . ............................... $ Attorne ' y gnat re: ( Short Certificate(s)......... - ( ' Renunciation(s).............. • d �" ( )Codicil(s)........................ .,� ( )Affidavit(s)...................... P mted N e: John B.Fowler III Bond............................................. upr e Court Commission.................................. mber: 06273 �� v Firm Name: Martson Law Offices Address: 10 East High Street Carlisle,PA 17013 ......................... Phone: (717)243-3341 Automation Fee... JCS Fee....................................... Fax: TOTAL......................................... $ E-mail: jfowler@martsonlaw.com DECREE OF THE REGISTER Date of Death: 08/16/2014 Social Security No: Estate of Marie A.Zierdt File No: 21-14 �-- a/k/a: AND NOW, , �� ,in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentarv are hereby granted to Tracy A.Nickelsburg in the above estate and(if appiicable)that the instrument(s)dated 05/10/1994 described in the Petition be admitted to probate and filed of record as t t�II(an C 'cii(s))of D c ent. giste of Wills �, Copyright(c)2011 form software only The Lackner Group,Inc. pa98 Z of Z — � ..�. <<�111111�� a �� .q� RENUNCIATION �� REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Marie A.Zierdt , Deceased �� Craig D.Zierdt in my capacity/relationship as rm ame Son of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Tracy A. Nickelsburg � (Date) (Signature) �al ierdt � H O C� L� • � ---� N �_ 2140 Beacham Drive U -- r--r _ (Street Address) i� _'.. E , L�_ f� � �.� •= °-� � ' . Castle Rock, CO 80104 �-� N �-'% " (City,State,ZiP) lx.J .._ «_ ^.,r G1 ;,.._ � ,e.l .. C� G'3 F..._, C.� �-L'" y� � �"� O � G�' � W � � � � � 6 � Executed iii`kegister's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the party executing this renunciation and certified before me this day that he or she executed the renun iation for the of , . purposes stated within on this �'�"_ day of � -� �l� • , . Deputy for Register of Wills Not P lic My Commission Expires: D3 �Z-��(8 (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) JUDY A BIBLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144013750 MY COMMISSION€XPIA�6 MAHCH 28,2018 Form RW-O6 Rev.10-13-2006 Copyright(c)2006 form soflware only The Lackner Group,Inc. �� , �� RENUNCIATION q 1'� REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Marie A.Zierdt , Deceased �� Joann M. Becvar in my capacity/relationship as rm ame Daughter of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Tracy A. Nickelsburg � C. � � o�U�y cr-�---- //'`' • / (Date) / (Si9nature) Joann M. Becvar � � 29117 Lilac Road p G7 L'� - (Street Address) !J.! � (V _ C� °- r--1 �Y '�- E � Valley Center, CA 92082 L�t_ la.- [Z _ - (City�State,ZiP) (� 4._i .... � t-`;_ N :: .�w la.�! :,.; !_�� `°''w ! � F... ....J "� CI- � � F�-- � 4 � O � c� � cl.? � Exec�t�in�gister s�ffice Executed out of Register's Office Sworn to or a�ed and su�scribed Before the undersigned personally appeared the party executing this renunciation and certified before me this day that he or she executed the renunciation for the of , . purposes stated within on this day of , • Deputy for Register of Wills Notary Pubiic My Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) See Attached For Official Notary Form RW-OS Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. � ,. , � ,�. �,��.�� . �, .�,�.-��-��, �.,�, .�,��.� -� _ . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 _ -.��.:F-�,� �r��r,��,�c�c��c��:c�c�r�e,�r��,��c-=�� :- _: _ = ��r;��s'�s'�-- �__..,` . State of California County of I � On ,��) _�� before me f �± `r' " � J�r� Here Insert Name( d Ti e of the Offic � ., . __-------�.--__...�.._..--_—__._._. __ personally appeared � �� _ � �l1 ��` Name(s) of Signer(s) _... ._..____.......____._____ _.� who proved to me on the basis of satisfactory evidence to be the person(,s� whose name('s) is/p�rfe subscribed to the within instrument and acknowledged to me that �re/she/tl�ey executed the same in �+s/her/tf�r authorized capacity(i�5), and that by -hT5/her/� signatureJ�j on the instrument the KR►STINA ALEXIS JOOR person(�', or the entity upon behalf of which the Commission#�1918050 = person(s'j acted, executed the instrument. Z .,; Notary Public-California D I certify under PENALTY OF PERJURY under the laws Z Orange County � of the State of California that the foregoing paragraph My Comm.Expires Dec 20,2014 is true and correct. WITNESS my hand nd official seal. Place Notary Seal Above Signature: ignatu of Notary� lic t;, i OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 1��f��7t��r pocument Date: � I — � �- Number of Pages: �_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ` Signer's Name: — Signer's Name: CI Corporate Officer—Title(s): 1-� Corporate Officer—Title(s): C:_1 Partner— ❑ Limited 1=.] General ❑ Partner— C�] Limited ❑ General L_J Individual ❑Attorney in Fact C=J Individual C::.l Attorney in Fact C:1 Trustee L7 Guardian or Conservator Ll Trustee [:=1 Guardian or Conservator C-1 Other: ❑ Other: Signer Is Representing: Signer Is Representing: %v�r=.�c�zr,c.�.:c�.�>c.�.��z c�.c:�<:�u;'�r.�<<;�:�-�:�u:�:�-c.�.c.�=.c�.�c,�c:.�;e:�c.��e.�:-e.��.�,�::c:�:_�=c,^�c�:e�-e.��<,^�cr�^s.v��o� O 2013 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 REGiSTER OF WILLS CERTIFICATE OF CUI'JfBERLAND COUNTY GRANT OF LETTERS PEhNSYLVANIA y �F ��M �,� r.�,� eF�` No. 2014- 00944 PA No. 21- 14- 0944 Es ta te Of: MARIE A ZIERDT O D �Z (Fi�st,Middle,LasU � v La te Of: SlL VER SPRING TOWNSHIP � CUMBERLAND COUNTY Deceased Social Security No: y750 WHEREAS, on the 6th day of October 2014 an instrument dated May 10th 1994 was admitted to probate as the last will of MAF`E A ZIERDT (First,M�ddle,LasU lat-� of S/LVER SPR/NG TOWNSH/P, CUMBERLAND County, who died on the 16th day of August 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 cer`i fy tha t I have thi s day gran ted Le t ters TESTAMENTARY to: IRACYA NICKELSBURG whv 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. � I1�,�'ESTIMO11jY WHEREOF, I have hereunto set my hand and affixed the seal �`_� y �fic�-_or� the 6th day of October 2014. �, — ':'". <-; • �. � . . U� ,. ��. � `� (.., ,m , - Register o i C'a t" �p , L�! ` � �-�, L- �y �...... � —�— Lw�! �. � �'�> F--- Cv c:� �y � � � ' Deputy W �i �— � � �. � .—� G.9 c=-� r-� **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) �� -, LAST WILL AND TESTAMENT OF -C Q � � � �- � ca � c'� MARIE A. ZIERDT � � �-, � %� � ;,. r--• .._� �,-� V � r~,; N ..� r'�°1 . _ :� 3 " , r-J � : , L7 i _'•'1 I, Marie A. Zierdt, of the Borough of Carlisle, Cumbe�and� � County, Pennsylvania, declare this to be my Last Wil1"-and � � o Testament and revoke all Wills and Codicils previously mad� �� by me. ITEM I: I direct that all my legally enforceable debts and funeral expenses, including all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM II: I bequeath any automobiles or motor vehicles I may own at my death, my personal effects, such household goods if any as may be my individual property and not the property of my husband or owned jointly by me with him, and other tangible personal property of like nature (not including cash or securities) , together with any existing insurance thereon, to my husband, David K. Zierdt, providing he survives me by thirty (30) days. Should my said husband predecease me or die on or before the thirtieth day following my death, I bequeath such tangible personal property and insurance thereon to such of my children as are living on the tY�irty-first day after my death, to be divided among them with due regard for their personal preferences in as nearly equal shares as practical. I direct that any of the foregoing articles not selected by such children shall be sold at public or private sale by my personal representative(s) , and I further direct that the net proceeds thereof shall be administered and distributed as a part of the residue of my estate. � � �"7�1��,.�r (..� _ �`, �� ITEM III: If my said husband survives me (and for the purpose of this Item III, I direct that my said husband shall be presumed to have survived me unless it appears unmistakably that he predeceased me) , and if the Federal Estate tax falling due because of my death will be reduced by making this gift for his benefit, I devise and bequeath to my said husband, absolutely, the least amount of assets in my estate that qualify for the marital deduction as will be sufficient to reduce the Federal Estate tax to the lowest possible figure after taking into account the unified credit and all other credits and deductions available to my estate for Federal Estate tax purposes. Accordingly, I direct: A. If the marital deduction, or any similar benefit available under the Federal Estate tax law in effect when I die, is allowable with respect to any property, including property held by the entireties, which my said husband has received prior to my death or at my death will receive otherwise than pursuant to this Item III, the value of such property shall be taken into consideration in calculating the size of the gift under this Item III. B. No assets nor proceeds of any asset ineligible for the marital deduction, or any similar benefit, and no assets nor proceeds of any asset with respect to which any tax credit or deduction shall be available because it shall be subject to both Federal Estate and Federal Income taxes (except to the extent that such allocation is necessary to reduce Federal Estate taxes in my estate) shall be allocated to the gift under this Item III. C. Cash, securities and other property, including real estate and interests therein, may be allocated to the gift under this Item III. � ) � r-, ' 7. �� D. Any property included in my estate at the time of my death and allocated in kind under this Item III shall be valued for that purpose at the value thereof as finally determined for Federal Estate tax purposes; provided further, that the aggregate fair market value of such property, including cash, on the date or dates of allocation to the gift under this Item III, plus the value as finally determined for Federal Estate tax purposes of all other property qualifying for the marital deduction, shall amount to no less than the value of the marital deduction as finally determined for Federal Estate tax purposes. E. If any provision of my last Will shall result in depriving my estate of the marital deduction for Federal Estate tax purposes, such provision is hereby revoked, and my last Will shall be read as if any portion thereof inconsistent with the allowance of the marital deduction for Federal Estate tax purposes is null and void. ITEM IV: I devise and bequeath the residue of my estate of every nature and wherever situate to my Trustee hereinafter named, IN TRUST, for the following uses and purposes and subject to the following terms, conditions and provisions: A. My Trustee shall pay all of the income therefrom to my said husband during his lifetime in such periodic installments as he and my Trustee shall find convenient, but not less frequently than quarter-ani:ually. B. My Trustee shall be fully authorized and shall have the sole discretion during the lifetime of my said husband to pay to him or to expend for his benefit so much of the principal of this Trust as my Trustee shall deem necessary or advisable from time to time for the support, health and medical care, maintenance in reasonable comfort and general welfare of my said husband, taking into consideration all other income and other resources, including entitlement to Federal and State public /^� � �\ � P / � / �� assistance benefits, available to him for such purposes from all sources known to my Trustee. C. In addition to the above provisions, my said husband shall have the power to direct my Trustee to pay to him or to apply out of the principal of this Trust in each year, including the year of my death, an amount not in excess of the greater of Five Thousand ($5, 000. 00) Dollars or five (5�) percent of the then aggregate value of the principal of this Trust. This power shall be noncumulative and may be exercised only by an instrument in writing signed by him and delivered to my Trustee. D. In addition, my Trustee shall be fully authorized and shall have the sole discretion during the lifetime of my said husband and with his written consent, unless he shall be incapable of giving such consent, to pay to my children, or to expend directly for their benefit, so much of the principal of this Trust as my Trustee shall deem necessary or desirable from time to time for their support, health and medical care, education, maintenance in reasonable comfort and general welfare, taking into consideration the size and nature of this Trust and all other income and other resources, including entitlement to Federal and State public assistance benefits, available to the child or children for whom any such payment or expenditure may be made for such purposes from all sources known to my Trustee. Any such expenditure for the b��nefit of any of my children shall not be treated as an advancement and shall not diminish the proportionate share or shares of this Trust to which such child or children may eventually become entitled. E. Upon the death of my said husband or upon my death if he predeceases me, this Trust shall terminate, and the then remaining principal and any accrued or undistributed income ^�// C . � / � �•.. ' f f therefrom shall be paid over, conveyed and distributed, discharged of the trust, in equal shares to my children, provided that the share of any child who shall not be then living shall be distributed to his or her then living issue, per stirpes, and in default of any such then living issue, such share shall be added to the share or shares for my other children, or their then living issue, per stirpes. F. Should any person entitled to a share of my estate not have attained thp age of twenty-one (21) years at the time of distribution to him or her, the share of each such person shall be retained by my Trustee, IN SEPARATE TRUST, to hold, manage, invest and reinvest the share so retained and the accumulation of income thereon, and to use and apply the income and principal or so much thereof as, in the sole discretion of my Trustee, may be necessary or appropriate for such beneficiary's support, health and medical care, education (including college education) , maintenance in reasonable comfort and general welfare until each such beneficiary, in turn, attains the age of twenty-one (21) years, at which time the then remaining balance of the principal and accumulated income of each such beneficiary's share shall be paid over, transferred, conveyed and distributed to him or to her, discharged of the trust. If such beneficiary dies before attaining the age of twenty-one (21) years, such share shall be distributed to his or her personal representative(s) or estate, discharged of the trust. G. If upon the happening of some event during the continuation of any of the trusts held hereunder, my Trustee shall hold some portion of this Trust which is not effectively disposed of under the foregoing dispositive provisions, then my Trustee shall distribute such portion, discharged of the trust, to MMI Prep School, of 154 Centre Street, P.O. Box 89, Freeland, Pennsylvania 18224. ^ � � � r �` / ITEM V: The following provisions shall apply to the Residuary Trust created under Item IV hereof and to each share thereof: A. In case the income or any discretionary payments of principal become payable to a minor, or to a person under legal disability or to a person not adjudicated incompetent, but who, by reason of illness or mental or physical disability, is in the opinion of my Trustee unable properly to administer such amounts, then such amounts shall be paid out by my Trustee in such of the following ways as my Trustee shall deem best: (1) Directly to such beneficiary; (2) To the legally appointed guardian or trustee of such beneficiary; (3) To some relative or friend for the support, health and medical care, education, maintenance in reasonable comfort and general welfare of such beneficiary; or (4) By my Trustee, using such amounts directly for such beneficiary's support, health and medical care, education, maintenance in in reasonable comfort and general welfare. B. No beneficial interest under the Residuary Trust, whether in income or principal, shall be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have the power to anticipate, encumber or charge such interest, nor shall such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary. C. Any income, accrued or undistributed at the termination of any estate or interest, shall be paid by my Trustee as income to the persons entitled to the next successive interest in the same proportions in which they take such interest. �"l �' _ % ! h.,f �/� � i,� D. For convenience of administration and investment, my Trustee is authorized to hold the several shares of the Residuary Trust as a common fund, dividing the income proportionately among them, to assign undivided interests to the several shares thereof, and to make joint investments of the funds belonging to my Trustee. For such purposes and insofar as may be practicable, my Trustee may consolidate the Residuary Trust, or any separate share thereof, with any other trust or trusts created by me or any member of my family by will or agreement, and may hold, administer and invest the several trusts as one or more common fund or funds and make joint or several distributions of income and principal therefrom, whichever my Trustee shall deem advisable. E. My Trustee shall have the power, but not the duty, to make such expenditures out of the assets of the Residuary Trust as it, in its uncontrolled discretion, may consider desirable in order to facilitate the settlement of my estate; provided that in no event shall any payment be made for or on account of any increase in Federal Estate tax resulting from excess retirement accumulation under Section 4981A(d) of the Internal Revenue Code. In exercising such power, my Trustee may pay, in whole or in part, any or all taxes and administration expenses in connection with the settlement of my estate, including but not limited to the death taxes on any or all property included in my gross estate for tax purposes, except as herein otherwise provided. Any such items may be paid directly by my Trustee or the funds for their payment may be transferred by my Trustee to my personal representative(s) ; and neither my personal representative(s) nor any beneficiary of my estate shall be required to reimburse my Trustee for any funds so paid or transferred. . t,. ITEM VI: Al1 Federal, State and other death taxes payable because of my death with respect to the property forming my gross estate for tax purposes, whether passing under this Will or otherwise, including any interest or penalty imposed in connection with such taxes, but not including any increase in Federal Estate tax resulting from excess retirement accumulation under Section 4981A(d) of the Internal Revenue Code, shall be considered a part of the expense of the administration of my estate and shall be paid out of the principal of my residuary estate under Item IV hereof without apportionment or right of reimbursement; provided that the funding of all or such portion of the marital deduction gift under Item III hereof as my estate shall be inadequate to fund may be paid from the assets of my residuary estate under Item IV hereof without deduction for any death taxes; and provided further, that any or all taxes and administration expenses in connection with the settlement of my estate may be paid from the assets of the Residuary Trust created under Item IV hereof as provided in Item V(E) hereof. I direct that any increase in Federal Estate tax resulting from the application of Section 4981A(d) of the Internal Revenue Code shall be paid by the recipient(s) of such distribution(s) . ZTEM VII: All fiduciaries acting under this Will, whether or not named herein, shall have the following powers in addition to those vested in them by the common law, by statute or by the other provisions hereof, all of which shall be exercised in a fiduciary capacity, primarily in the interests of the beneficiaries, applicable to all property, including property held for minors, whether principal or income, exercisable without court approval and effective until actual distribution of all property: �;�1� � � ` � � �� `��.,�'. ,--, � A. To retain and to hold any securities or other property, real, personal or mixed, including stock of my Trustee or an affiliate, received from my estate without regard to any principle of diversification or risk. B. To invest and reinvest in all forms of property, including stocks, bonds, funds and other securities, whether operated by my Trustee, an affiliate or others, without restriction to investments authorized for Pennsylvania fiduciaries, as they shall deem proper without regard to any principle of diversification or risk. C. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property, and to give options for sales, exchanges or leases for such prices and upon such terms and conditions as they shall deem proper. D. To hold property in the name of the Residuary Trust created hereunder, or in the name of my Trustee without designation of any fiduciary capacity, or in the name of a nominee, or unregistered. E. To allocate receipts and expenses to principal or income, or partly to each, as they from time to time, in their sole discretion, shall think proper. F. To vote in person or by proxy all securities, and to become a party to any stockholders' agreements deemed advisable by them in connection with such securities. G. To borrow money from any person or institution, including my Trustee or an affiliate, upon their bond or promissory note, and to secure the repayment thereof by mortgaging, creating a security interest in, pledging or otherwise encumbering any or all real or personal property as they, in their sole discretion, shall choose without regard to �_ ,- � _ y� _ � i �ry L the dispositive provisions of this Will; except that no property allocated to the marital deduction gift under Item III hereof shall be so mortgaged, pledged or encumbered. H. To make any divisions or distributions required hereunder, wholly or in part, in kind or in cash, and to make non-prorata distributions of assets in kind. I. To exercise any election or privilege given by the Federal tax and other tax laws, including without limiting the foregoing, the joinder with my said husband in filing income tax returns, the election of the alternate valuation for Federal Estate tax purposes, the election to claim items of deduction for estate tax or for income tax purposes, and to make or not to make equitable adjustments or apportionments for the exercise or nonexercise of any such election or privilege. J. Only after the death of my said husband and should the principal of the Residuary Trust created hereunder be or become too small so as to make establishment or continuance thereof inadvisable, my Trustee, in its sole discretion, may make immediate distribution of the then remaining balance of the principal and accumulated income of any beneficiary's share to the legally appointed trustee of such beneficiary under Item V(A) (2) hereof, or may appoint and pay such share to a custodian for such beneficiary under the Uniform Gifts to Minors Act of any state, without further obligation or responsibility for such distribution so paid. Upon such termination, the rights of all persons who might otherwise have a successive interest therein shall cease. K. To compromise any claim or controversy. ITEM VIII: I appoint Farmers Trust Company, of Carlisle, Pennsylvania, Trustee of the Residuary Trust created under Item IV hereof. A successor corporate banking trustee may be appointed by my said husband as he, in his sole discretion, shall . �, , ry, � � _ _ _ _ _ _ _ deem necessary or advisable, and after his death by a majority of my then living children as they, in their sole discretion, shall deem necessary or advisable, and after their death by any court having jurisdiction over said Trust. Any successor trustee thus appointed, or if my Trustee shall merge with or be consolidated with another corporate fiduciary, such corporate fiduciary shall succeed to all the duties and all the powers, including discretionary powers, herein granted to my Trustee. My Trustee, including its successors, shall be entitled to compensation for the performance of its services hereunder in accordance with its standard schedule of fees in effect from time to time during the period over which its services are performed. I direct that the situs of said Trust for administrative and accounting purposes shall be Cumberland County, Pennsylvania, and all questions concerning the validity, construction and administration of said Trust shall be determined under the laws of the Commonwealth of Pennsylvania. ITEM IX: I appoint my said husband Executor of this my last Will. Should my said husband fail to qualify or cease to act as Executor, I appoint my three children, or the survivor(s) , Executor(s) of this my last Will. Should all three of my children fail to qualify or cease to act as Executor(s) , I appoint Farmers Trust Company, of Carlisle, Pennsylvania, Executor of this my last Will. ITEM R: I direct that all fiduciaries acting under this Will, whether or not named herein, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this �Q �day of May, 1994 . �r . �' � e ;� [S EAL] � The preceding instrument, consisting of eleven (11) typewritten pages, each identified by the signature of the Testatrix, was on the date thereof, signed, published and declared by Marie A. Zierdt, the Testatrix therein named, as and for her last Will, in the presence of us, who, at her request, in her presence and in the presence of each other, have subscribed our names as witnesses hereto. � -� � , � � �, ` COMMONWEALTH OF PENNSYLVANIA . . ss. COUNTY OF CUMBERLAND . We, Marie A. Zierdt, John B. Fowler, III, and Mary M. Price, the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last Will and that she has signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ��,�i�h`�. L_ .�i�' � r� ��,C'�'�� —� Testatrix ' ��- ;� �� `'�_ Witness ��—�'� � :.! �� `�� a�� . �_..�`'�� Witness Subscribed, sworn to and acknowledged before me by Marie A. Zierdt, the Testatrix, and subscribed and sworn to before me by John B. Fowler, III, and Mary M. Price, witnesses, this �� day of May, 1994. ..........�....�.�.�.�...�. ` � �'�T��?1RG�c:!'.l v�-t-�c-1L gp�y;E�. �r��:.;. ��,�:��€l��c Notary Publ ' MT. M6LLY��i��;'s�, �.� �:'��'��t��i,A�49 C0. MY COAnMiSSIO�I E�'1�;w?Ot;t�rv:�t 17, �994