HomeMy WebLinkAbout03-26-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s) named below, who islare 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: FR/�NK T, F R�T S��K � SR. File No: �i- �5��3.��
a/k/a; (Assigned by Register)
a/k/a: �, / �
a/k/a. Social Securi No: �
Date of Death: Age at death: / O G'
Decedent was domiciled at death in G V� j���l–f�N/� County, �'��NS YL�"�9-N�'!� (Srare)with his/her last
principalresidenceatS/,� f�k'K /gv�e,.�/�w Gt�M��'�Li9-/v'%>� A t7J`7� Ct/°/y��'Ll1N/l�
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at /1 I �'. 1 RON * ST HH RR.�s���G� PA 1 7! 0/ �A�PH�� ��
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If dnmiciled in Pennsytvania............. ............... All personal property $ �r��'�, 9�7
!f not domiciled in Pennsylvania. ............. ....... ... Personai property in Pennsylvania $
If not domiciled in Pennsylvania. ........ .......... ..... Personai property in County $
Value of real estate in Pennsylvania...................... .................. $ / S��()�D
TOTAL ESTIMATED VALUE. ... $_1 (.���_9 S''7
Real estate in Pennsylvania situated at: .��5�'�Oe{� f}V'�• NC w �U,NJ��/Z L I`3 d�/j� ! 7 0 7� G ��"�j3�R L/���
(Attach additional sheets,if necessary.) Street address,Post Offiee and Zip Code City,Township or Borough County
� A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Exeeutor(s)named in the last Wil(of the Decedent,dated �� — / � •— � �n c� and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciation,death of executor,etG)
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divoreed,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 EXCEPT[ONS ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (�f applicab�e)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,dtmante absentia,durante minoritate
If Administration,�t.a. or d.b.n.c.ta.,enter date of Will in SecNon A above and complete list of heirs.
Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person.
�NO EXCEPTIONS �EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no W ill and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary):
Name Relationshi Address
��L��
Form RW-02 rev. 10/]l/2011 Page 1 Of 2
Oath of Personal Representative
O�cial Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Peritioner(s)Printed Name Petirioner(s)Printed Address
FR �1,v� 2, �r���s��►K g� 3 re��vsv.� ��-�� K�Y u��s r �L 3 �o �
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 well and truly administer the estate according to law.
Sworn to or affirmed a d ubscribed before � �__„�2� �� Date � 26``'/�
Q � Date
me thi ay o /' , 2 �h
By: Date
F the Regi er Date
BOND Required:�YES �NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
Lett rs . . . . . . . . . . . . . . . . . . . . . . $ d��" �° Attorney Signature:
( � )Short Certificate(s).. . . . . Q•"
( )Renunciation(s).. .. . . . . .
( )Codicil(s). . . . . . . . . . . . .
( )Af�davit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name:
Commission. . . . . . . . . . . . . . . . . . Supreme Court
th r . . . . . . • �
ID Number:
� oe
1 . . . . . . .
, . . . . . . . Firm Name:
�� a h✓ • • • • • • • • '°O Address:
Phone:
Automation Fee. . . . . . . . . . . . . . . ' °� Fax:
JCS Fee. �' b � Email:
TOTAL. . . . . . . . . . . . . . . . . . . . . $� r . D
DECREE OF THE REGISTER
Estate of / ( anl�' � �e�57 G��� . Ul� File No: ��' /����� '
a/k/a:
AND NOW, ��r�h 2� , �����,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREE that Letters �5f"�mcn�ur y
are hereby granted to �nl�- � rl'2'il5
in the above estate and(if applicable)that
the instrument(s)dated oVember � 200
described in the Petition be admitted to probate and filed of rec d as the last Will(and C ' il(s))of Decedent.
C�,
egister of Wills
�
Form RW-02 rev. LO/11/2011 Page f 2
REGISTER OF WILLS CERTIFiCATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
j i
�
No. 2015- 00331 PA No. 21- 15- 0331
Es ta te Of: FRANK J FRE/STAK JR
(First,Middle,Lastl
La te Of: NEW CUMBERLAND BOROUGH
CUMBERLAND COUNTY
Deceased
Social Security No:
WHEREAS, on the 26th day of March ?_015 an instrument dated
November lOth 2008 was admitted to probate as the last will of
FRANK J FREISTAK JR
(Fi�st,Middle,Lasd
late of NEW CUMBERLAND BOROUGH, CUMBERLAND County,
who died on the 18th day of March 2015 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:
FRANK R FREISTAK
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate according to Iaw, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 26th day of March 2015.
,C4��9�� n
Register of fl
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�� `� � ����TE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
LAST WILL AND TESTAMENT
OF
FRANK J. FREISTAK, JR.
I, FRANK J. FREISTAK, JR., domiciled and residing in Cumberland County,
Pennsylvania, do hereby make, declare and publish this to be my Last Will and Testament, and
do hereby revoke all prior wills and codicils.
I declare that I am married to Virginia R. Freistak, and that there are three children born
of our marriage, Frank R. Freistak, Daniel C. Freistak and Linda Bentz.
ARTICLE I. PAYMENT OF DEBTS AND BURIAL EXPENSES
A. I direct that the expenses of my last illness and burial be paid from the residuary
of my Estate in such amount as my Personal Representative, in his sole discretion, may deem
proper, without regard to any limitation by statute, rule of court, or otherwise as to the amount of
such expenses and without necessity of prior court approval.
B. I further direct that my Personal Representative pay any enforceable debts and the
costs of the administration of my Estate out of the principal of my Residuary Estate. My
personal Representative shall not, however, be required to pay prior to maturity any debt secured
by a mortgage, pledge, or similar encumbrance on property owned by me at my death, and such
property may pass subject to such mortgage, pledge, or similar encumbrance.
C. I direct my Personal Representative to pay all estate, inheritance, succession and
other death taxes and duties (including interest and penalties) payable by reason of my death,
whether incurred with respect to property passing by this Will or otherwise, out of the principal
of my Residuary Estate, with no right of reimbursement or contribution from any recipient of
such property.
ARTICLE IL JOINTLY HELD PROPERTY
I hereby confirm my intention that the beneficial interest in all property, real or personal,
tangible or intangible (including joint checking or savings accounts in any bank, savings and
loan association, credit union, or money� market fund), which is registered or held, at the time of
my death, jointly in my name and the name of any other person (including tenancy by the
entireties, but excluding any tenancy in common), shall pass by right of survivorship or operation
of law and outside of the terms of this Will to such other person, if he or she survives me. To the
extent that my intention may be defeated by any rule of law, I give, devise and bequeath all such
jointly held property to such other person or persons who shall survive me.
ARTICLE III. TANGIBLE PERSONAL PROPERTY
A. All tangible personal property, including, without limitation, jewelry, clothing,
automobiles, furniture, books, silver, and pictures, I give, devise, and bequeath to my wife,
Virginia, if she survives me by more than ninety (90) days, or, if she does not so survive me, in
accordance with any gift list memorandum which I have either handwritten or signed, located
with my Will or with my other valuable papers and found within thirty (30) days of the probate
of my Will. Gifts may only be to persons who survive me or to organizations which exist at my
death, and if there is a conflict the memorandum having the latest date shall govern. To the
extent no memorandum is found or all of my tangible personal property is not disposed of
pursuant thereto, I give, devise and bequeath my tangible personal property to my children, in
such shares as they shall agree upon, or if they cannot agree, in such shares as my Personal
Representative sh�ll decide, per stirpes.
B. In the event that any beneficiary of mine shall not have attained the age of twenty-
five (25) at the time of my death, I give his or her share to my Trustees, IN TRUST
NEVERTHELESS, to be held for his or her benefit. The Trustees, in their discretion, may (i)
deliver any part or all of such beneficiary's share to such beneficiary or his or her guardian, (ii)
sell any part or all of the share and add the proceeds of such sale to the Trust created for such
beneficiary under Article IV.C. of this Will, or (iii) hold any part ar all of such beneficiary's
share for his or her benefit until she reaches twenty-one (21) years of age.
ARTICLE IV. RESIDUARY ESTATE
A. For purposes of this Will, my "Residuary Estate" is defined to mean the rest and
residue of the property, both real and personal, of whatever nature or wherever situated,
belonging to me at my death and remaining after the payment therefrom of, or appropriate
provisions for, debts, funeral, administration expenses, estate, inheritance, or other death taxes,
and any other lawful charges against my estate. It shall include, without limitation on the
generality of the foregoing, (i) all property or interests in property acquired by me or to which I
may become entitled after the execution of this Will and not herein otherwise disposed of, (ii) all
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property attempted to be disposed of in this Will, the disposition of which shall fail to take place
because of lapse or other cause, and(iii) all my property not otherwise effectually given, devised,
or bequeathed in this Will.
B. If my wife, Virginia, survives me then I give, devise, and bequeath the property in
my Residuary Estate as follows:
L My Personal Representative shall distribute all the property remaining in
my Residuary Estate to my wife, Virginia, outright and free of trust. It is my intention to use
fully the unlimited marital deduction provided for in the Economic Recovery Tax Act of 1981,
or, should there be legislative changes in the available martial deduction subsequent to the date
of this Will, the maximum marital deduction available at the date of my death; this intention,
however, shall not operate to cause any property remaining in my Residuary Estate after
disposition provided for in this Article IV.B.1. to be distributed to anyone other than my wife.
2.a. In the event my wife, Virginia, should disclaim all or any portion of the
property included in the residue of my Estate, any amount so disclaimed shall pass to the Unified
Transfer Credit Trust (created under Article IV.B.2.b), to be administered pursuant to the terms
and conditions of said Article. In arder for the disclaimer to be effective, it must conform to the
provisions of Section 2518 of the Internal Revenue Code of 1986 ("IRC"), as amended. In the
event that my wife shall die within nine (9) months of the date of my death, I authorize her
Personal Representative to exercise this power of disclaimer on her behalf, subject to the
conditions herein set forth.
b. If my spouse should disclaim all or any portion of the property included in
the residue of my Estate, my Personal Representative shall set aside a sum to my Testamentary
Trustees, IN TRUST NEVERTHELESS, such sum having a value that can pass free of federal
estate tax by reason of the unified credit, or its equivalent. Such sum may be in cash, or property
valued at its fair market value, or any combination thereof. It being my intention that my Estate
pass free of federal estate tax, my Personal Representative, in determining the sum to be set aside
under this Article IV.B.2b. shall take into account the value of any property which qualifies for
the unified credit and passes as a result of my death, whether or not passing under this Will, so as
to avoid overfunding the credit. The net income from this Trust is to go to my wife, Virginia, for
her lifetime, in convenient installments, preferably monthly, but at least quarterly. The income
payable to my wife shall be computed from the date of my death and shall continue so long as
3
she shall live. If her death occurs within an income-paying period, the proportion or part of the
total income for such final period computed to the date of her death shall remain as part of the
Trust Estate. In addition to such payments of income, my Trustees are authorized to pay or
expend from time to time so much of the principal of the trust as they, in their discretion, shall
deem necessary or advisable to ensure the health, education, support, and maintenance in
reasonable comfort of my wife and my children. In addition, my Trustees shall pay to my wife
during her life such portions of the principal of this Trust as she from time to time requests in
writing not exceeding in any year the greater of five thousand dollars ($5,000.00) or five percent
(5%) of the value of the principal of this Trust at the end of the preceding year, such right to
noncumulative.
In funding this Trust, there shall be allocated, first, any assets in my Estate which would not
qualify for the marital deduction allowable in determining the federal estate tax; second, any
assets includable in my gross Estate for federal estate tax purposes and subject by reason of my
death to any inheritance, transfer or estate tax or other death duty in any foreign country; and
third, any assets included in my estate which are not subject to the estate tax imposed by the state
of my domicile at death. Upon the death of my wife, this Trust shall terminate and my Trustees
shall distribute any accumulated income and the remainder of the Trust principal in accordance
with the terms of Article IV.C. All provisions contained herein shall be construed and all powers
of my Personal Representative exercised in such a manner that full advantage of the federal
unified credit and marital deduction be taken.
C. If my wife, Virginia, shall not survive me, then I give, devise, and bequeath my
entire Residuary Estate to my Trustees, IN TRUST NEVERTHELESS, as provided herein:
1. My Personal Representative shall divide my Residuary Estate as follows:
(a) My Personal Representative shall make the following
specific bequests provided these bequests have not previously been
made pursuant to the terms of my Wife's Will:
(i) Five Thousand ($5,000.00) Dollars to my wife's
niece, KAREN HENDERSON;
(ii) Five Thousand ($5,000.00) Dollars to
BAUGHMAN UNITED METHODIST CHURCH,
4
currently of New Cumberland, Pennsylvania, to be used for
its general use and purposes;
(iii) Five Thousand ($5,000.00) Dollars to ST.
THERESA CATHOLIC CHURCH, currently of New
Cumberland, Pennsylvania, to be used for its general use
and purposes;
(iv) Two Thousand ($2,000.00) Dollars to the NEW
CUMBERLAND FIRE DEPARTMENT, currently of
New Cumberland, Pennsylvania, to be used for its general
use and purposes;
(v) Two Thousand ($2,000.00) Dollars to the NEW
CUMBERLAND RNER RESCUE, currently of New
Cumberland, Pennsylvania, to be used for its general use
and purposes; and
(b) The rest and residue of my estate shall be divided and
distributed as follows:
(i) Five (5%) Percent equally divided, to be held in
trust for the benefit of my grandchildren, EMILY
BENTZ, SARAH MILIAUTASKAS and WILLIAM
BENTZ in accordance with the terms of Article IV hereof;
and
(ii) Ninety-Five (95%) Percent to be divided and
distributed equally to my children, DANIEL FREISTAK,
FRANK R. FREISTAK and LINDA BENTZ.
2. Except as provided herein for my grandchildren, each of my children's
shares shall be distributed to them outright and free of trust.
3. If any child of mine does not survive me, such child's share of my Estate
shall pass to his or her spouse, if they were married and not legally separated at the time of
child's death. If there is no surviving spouse or if they were legally separated at the time of my
child's death, such child's share of my Estate shall pass to his or her issue pursuant to the Trust
provisions as provided herein. If there are no surviving issue at the time of my child's death,
5
such child's share of my Estate shall pass and be equally divided and distributed to his or her
siblings.
(a) Each fund shall be held and administered as a separate Trust.
(b) Each fund set aside for the descendants of a deceased child of mine
shall be distributed to such descendants, z?er stirpes.
(c) Until complete distribution of a fund, my Trustees shall have the
total discretion to pay all or any portion of the current net income to such Beneficiary.
(d) Whenever the Trustees determine that any Beneficiary's income
from sources known to the Trustees is not sufficient for his or her care, health, support,
maintenance and education, the Trustees shall pay to him or her, or use for his or her benefit, so
much of the principal or income of such Beneficiary's fund as the Trustees determine to be
required for those purposes. In addition, the Trustees shall be authorized to make distributions of
income or principal to assist such Beneficiary in purchasing a home, investing in a business or
other reasonable applications of the funds from that Beneficiary's Trust.
(e) When any such Beneficiary of mine attains the age of twenty-five
(25) years, the Trustees shall distribute to such Beneficiary one-half(1/2) of the Trust principal
and accumulated income of such Beneficiary's fund to such Beneficiary. When any Beneficiary
of mine attains the age of thirty (30) years, the Trustees shall terminate such Beneficiary's Trust
and distribute all remaining principal and undistributed income to him or her outright and free of
any trust.
(� In the event any Beneficiary of mine shall die before he or she
becomes entitled to receive all of the distributions from his or her fund, the Trustees shall
distribute such fund to his or her descendants then living per stirpes, pursuant however to the
Trust provisions set forth herein. If there are no descendants of his or hers then living, the
Trustees shall distribute such funds to such Beneficiary's siblings then living, or their
descendants then living, per stirpes, pursuant, however, to the Trust provisions set forth herein.
In the further event that there are no such siblings or descendants of such siblings then living, the
Trustees shall distribute such funds to any child of mine; then living, or their descendants, then
living per stirpes, pursuant, however, to the Trust provisions herein.
(g) At the time any distribution or distributive share of Trust assets is
to be made by the Trustee, if a beneficiary of any Trust is disabled as defined in Section
6
1614(a)(3) of the Social Security Act (as determined by the Social Security Administration or by
any State-level disability determination agency operating under the auspices of the Social
Security Administration), and/or has been determined by a nursing home or State agency to be
medically eligible for nursing home care, then said beneficiary shall cease to be a Trustee of this
Trust or any Trust share hereunder and, thereafter, the Trustee shall not make any distributions to
said beneficiary that might decrease or eliminate that beneficiary's eligibility for any public
benefits based on need, such as, but not limited to, Medicaid or Supplemental Security Income.
ARTICLE V. TRUST PROVISIONS
A. If, pursuant to the provisions of the Will, any part of my Residuary Estate is at
any time payable or distributable to a person who is under the age of twenty-five (25), I direct in
each case where I may lawfully do so, that such property shall instead be paid over and
distributed to, or continue to be held by my Trustees, IN TRUST NEVERTHELESS. My
Trustees shall hold and invest such property for the benefit of such person, and shall pay or apply
to or for the use and benefit of such person so much of the net income and, at any time and from
time to time, so much of the principal as my Trustees, in their discretion, shall deem advisable, to
ensure the reasonable support, welfare and education of such person and shall accumulate and
add to the principal of any Trust any net income not so paid or applied. Any Trust created under
this paragraph shall terminate when the person for whom said Trust was created attains the age
twenty-five (25) or dies prior to reaching that age. Upon such termination, my Trustees shall pay
over and distribute the then remaining principal and undistributed income, if any, of such Trust,
outright and free of trust, to the person for whose benefit said Trust was so provided, if he or she
is then-living; or, if then deceased, to his or her heirs at law.
B. Whenever the net income or principal of any Trust created under this paragraph
may be paid or applied to or for the use and benefit of a person under the age of twenty-five (25),
there shall be no necessity for the appointment of a guardian to receive payments for or on behalf
of such person. Rather, my Trustees may make any such payment to the guardian or any other
person then caring for or having custody of such person, or may expend it in such other manner
as my Trustees, in their discretion, believe will benefit such person, or may pay directly to such
person such sums as my Trustees, in their discretion, shall deem advisable. Any such payment
pursuant to this paragraph shall constitute a complete discharge and acquittance to my Trustees
with respect to the sum so paid.
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ARTICLE VI. POWERS OF FIDUCIARIES
A. I hereby grant to my Personal Representative, with respect to any and all property,
whether real or personal, which I may own at the time of my death or which shall at any time
constitute part of my Estate, and to my Trustees, with respect to any and all property, whether
real or personal, which shall at any time constitute part of any Trust created hereunder, whether
constituting principal or income therefrom, the following powers, in addition to those conferred
by law:
1. To retain for a reasonable time any such property or undivided interest in
property, regardless of any lack of diversification, risk, or unproductivity;
2. To invest and reinvest in any property or undivided interests in property,
real or personal, foreign or domestic, including, without limitation, notes, debentures, mortgages,
stocks of any class, bonds (secured, unsecured, and convertible), and shares or interests in
investment trusts and mutual funds, without being limited to any statute, rule of court, or law
concerning investments by fiduciaries;
3. To sell any property for cash or on credit, at either public or private sale,
and to exchange any property for other property; to grant options to purchase or acquire any trust
or estate property; and to determine the prices and terms of sales, exchanges, and options;
4. To borrow money for any fiduciary purpose and to mortgage or pledge
any trust property;
5. To take any action with respect to conserving or realizing upon the value
of any property and with respect to foreclosures, reorganizations or other changes affecting such
property and exercise all the rights of security holders of any occupation;
6. To operate, maintain, repair, rehabilitate, alter, improve, or remove any
improvements on real estate; to make leases and subleases for terms as long as may be prudent,
even though the terms may extend beyond the termination of the trust; to subdivide real estate; to
grant easements, give consents, and make contracts relating to real estate or its use; to lease or
dedicate any interest in real estate;
7. To make distributions or divisions of property in cash or in kind or both,
without regard to the cost of basis of the property in the hands of the distributee, provided that
distributions in kind shall be based on values at the time of distribution; the judgment of my
8
fiduciary concerning values for the purpose of such division and distribution of property and
securities shall be binding and conclusive on all parties interested therein;
8. To register securities in the name of a nominee or in such manner that title
will pass by delivery; and to keep any property in the name of a nominee with or without
disclosure of any fiduciary relationship;
9. To collect, pay, contest, compromise, or abandon demands or claims of or
against the trust or estate, including any questions relating to any policy of life insurance,
wherever situated; and to execute contracts, notes, conveyances, and other instruments
containing covenants and warranties binding upon and containing provisions excluding personal
liability;
10. To receive additional property from any source and add it to and
commingle it with the estate;
11. To employ attorneys, accountants, auditors, depositaries, proxies, and
agents, with or without discretionary powers;
12. To pay premiums on any life insurance, annuity, or endowment policies
which may have been retained or purchased hereunder and to exercise any right, option or
privilege thereunder;
13. To hold undivided interests in any assets, commingle assets, and make
investments in common for any trusts hereby established;
14. To exercise all power, authority, and discretion hereby given after
termination of any trust hereby created until the same is fully distributed; but only for so long as
no rule or law relating to perpetuities would be violated;
15. To select an annual accounting period, and to determine in a fair and
equitable way the manner of ascertaining income and principal, and of apportioning between
income and principal all receipts and disbursements;
16. To enter into any transaction authorized by this Article with trustees or
legal representatives of any other trust or estate in which any beneficiary hereunder has any
beneficial interest even though any such trustee or legal representative is also a trustee
hereunder;
17. To retain any business interest, as shareholder, security holder, creditor,
partner, proprietor or otherwise, even though it may constitute all or a large portion of the trust or
9
estate; to participate in the conduct of any business and take or delegate to others discretionary
power to take any action with respect to its management and affairs which an individual could
take as owner of the business, including the voting of stock, and the determination of all
questions of policy; to execute partnership agreements, and amendments thereto; to participate in
any incorporation, reorganization, merger, consolidation, recapitalization, liquidation or
dissolution of any business or any change in its nature; to invest additional capital in, subscribe
to or buy additional stock or securities of, or make secured, unsecured or subordinated loans to
any business, with trust funds; to rely upon the reports of certified public accountants as to the
operations and financial condition of any business without independent investigations; to elect or
employ, as directors, officers, employees or agents of any business, and compensate any persons,
including a trustee or director, officer or agent of a trustee; to deal with and act for any business
in any capacity, including any banking or trust capacity and the loaning of money out of a
trustee's own funds, and to be compensated therefore; and to sell or liquidate any interest in any
business, provided, however, that the liability of the estate and the Personal Representative for
obligations incurred in the continuance of the business shall be limited to those assets employed
in such business and no liability shall be incurred upon the estate as a whole;
18. To the extent any trust hereunder is the beneficiary of a Retirement Account
(as hereinafter defined) my Trustee shall draw the benefits from the Retirement Account in
amounts sufficient to meet the minimum distribution requirements of IRC Section 401(a)(9) and
the regulations thereunder (the "Required Minimum Distribution"). Notwithstanding any
provision of the trust to the contrary, the Required Minimum Distribution shall be paid to or
applied for the benefit of the income from such trust, or if there is more than one income
beneficiary, my Trustee shall make such distribution to such income beneficiaries in the proportion
in which they are beneficiaries or if no proportion is designated in equal shares to such
beneficiaries. "Retirement Account" means a plan qualified under IRC Section 401, or an
individual retirement arrangement under IRC Section 408, or a Roth IRA under IRC Section 408A,
or a tax-sheltered annuity under IRC Section 403 ar any other benefit subject to the distribution
rules of the IRC Section 401(a)(9), or the corresponding provisions of any subsequent federal tax
law. It is my intention that this trust qualify as a "conduit trust" under IRC Section 401(a)(9) so
that the trust beneficiaries shall be considered designated beneficiaries far purposes of the
minimum distribution rules, and that distributions may therefore be taken over the trust
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beneficiary's life expectancy (or the life expectancy of the oldest trust beneficiary). The
Retirement Accounts shall not be subject to the claims of any creditor of my estate and they shall
not be applied to the payment of my debts, taxes or other claims or charges against my estate
unless and until all other assets available for such purposes have been exhausted, and even then
only to the minimum extent that would be required under applicable law in the absence of any
specific provision on this subject in this my Will.
19. To terminate any trust hereunder by payment of the trust property to the
persons then entitled to receive or have the benefit of the income, if such trust has a market value
(as determined by the Trustees) of Thirty Thousand Dollars ($30,000) or less; and
20. To merge or consolidate for administrative purposes any trust created
hereunder with any other trust made by me or my wife having the same Trustee and substantially
the same dispositive provisions.
B. It being my desire that my Personal Representative and my Trustees shall not be
required to confine their investments of my Estate or any Trust hereby created to those
authorized by law, unless they shall deem such course advisable. I hereby declare that my
Personal Representative and my Trustees shall not be liable for any loss sustained by my Estate
or any Trust hereby created by reason of their purchase, retention, sale, or exchange or any
investment in good faith.
C. Persons dealing with my Personal Representative or my Trustees shall not be
entitled to look to the application of any monies or other property paid or delivered to my
Personal Representative or my Trustees or to inquire into my Personal Representative's or my
Trustees' authority as to any transaction. All powers granted to my Personal Representative and
my Trustees shall continue until actual distribution of the property.
D. Any decision of my Personal Representative or my Trustees with respect to the
exercise or non-exercise by them of any discretionary power, or the time or manner of the
exercise thereof, made in good faith, shall fully protect them and shall be binding and conclusive
upon all persons interested in my Estate or any Trust hereunder.
E. I authorize my Personal Representative to join in or consent to income and gift tax
returns filed with or by my wife and to pay any part of all of the income or gift tax and any
deficiency, interest, or penalty which may become due upon such returns.
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F. My Personal Representative may enter into agreements with appropriate
governmental authorities and may make such elections and exercise such options as may be
available on estate, inheritance, and income tax returns, all in such manner as my Personal
Representative deems most advisable, from the standpoint of taxes, and without being required
thereunder to make any adjustment between income and principal or beneficial interests.
G. Notwithstanding anything herein to the contrary, any trust under this instrument
shall terminate no later than twenty-one (21) years after the death of the last survivor of my wife,
my descendants, and the Beneficiaries named in Article IV living on the date of my death. At
such time, my Trustees shall distribute the remaining portions of any Trust properties to the
Beneficiary, or Beneficiaries, of such property, together with any accumulated and undistributed
income.
H. If at any time any person to whom the Trustees are directed in this instrument to
pay any income is under legal disability or is, in the opinion of the Trustees, incapable of
properly managing his or her affairs, the Trustees may use so much of such income for his or her
support and welfare as the Trustees determine to be required for those purposes.
I. To the extent possible, I direct all income Beneficiaries of any Trust herein
receive Trust income during the period of administration of my Estate. Such distributions are to
be made on a ratable basis as determined by my Personal Representative.
ARTICLE VII. SPENDTHRIFT PROVISION
To the extent permitted by law, the Beneficiaries of the Trusts created under this Will shall have
no right to assign, transfer, hypothecate, encumber, anticipate or commute their interests in any
benefits or payments under such Trusts; and such benefits or payments shall in no way be subject
t0 any legal process levying upon or attaching the same for payment of any claims against any of
the Beneficiaries.
ARTICLE VIII. ACCOUNTING
So far as I may lawfully do so, I excuse my Personal Representative and my Trustees from any
duty to make annual or other periodic accounts to any court having jurisdiction over my Estate or
any Trust created under this Will. However, my Personal Representative and Trustees shall
furnish to the Beneficiaries herein, at least every twelve months, such reports of income and
assets as will afford the Beneficiaries a true and accurate statement of the condition of the Trust
or Estate.
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ARTICLE IX. APPOINTMENT OF PERSONAL REPRESENTATIVE
I appoint my son, Frank R. Freistak, as Personal Representative of my Estate. So far as I may
lawfully do so, I direct that no bond or other security shall be required of my Personal
Representative or her successor in any jurisdiction in which they may qualify and that if,
notwithstanding this direction, any bond is required by any law, statute, or rule of court, no
surety be required thereon. If for any reason my son, Frank, is unable or unwilling to serve in
this capacity, I appoint my son, Daniel Freistak, as successor Personal Representative.
ARTICLE X. APPOINTMENT OF TRUSTEES
A. I appoint my son, Frank R. Freistak, as Trustees of any Credit Shelter Trust
created under Article IV.B.2b. of this Will. If for any reason, Frank is unable or unwilling to
serve, I appoint my son, Daniel Freistak, as successor Trustee.
B. I appoint my sons, Frank R. Freistak and Daniel Freistak, as Co-Trustees of any
other trust created in this Will under Article IV.
C. So far as I may lawfully do so, I direct that no bond or other security shall be
required of my Trustees or his or her successor in any jurisdiction in which he or she may qualify
and that if, notwithstanding this direction, any bond is required by law, statute, or rule of court,
no surety be required thereon. Any Trustee or successor Trustee shall be entitled to
reimbursement for any expenses incurred on behalf of the Trust. In addition, each of my
Trustees are each authorized to appoint additional successor Trustees to serve in his or her stead.
ARTICLE XI. APPOINTMENT OF ANCILLARY FIDUCIARY
If any designated fiduciary of mine under this Will shall be unable or unwilling to qualify as
Personal Representative or Trustee in any jurisdiction in which it becomes necessary to
administer my Estate or any Trust created hereunder, I hereby authorize and direct him or her to
appoint a qualified individual or corporation to serve in his or her place and stead. Any person
or corporation, so appointed, shall have all of the powers herein conferred upon my Personal
Representative or Trustee, as the case may be, and I direct that, to the extent permitted by law, no
bond or security thereon be required of any fiduciary so appointed.
ARTICLE XII. SIMULTANEOUS DEATH
Should my spouse and I perish in a common disaster, or under circumstances that make it
difficult to determine which of us died first, I direct that my spouse shall be deemed to have
survived me for the purpose of this Will.
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ARTICLE XIII. GENDER AND NUMBER
Wherever appropriate, the use of any gender in this Will shall be deemed to be or include the
other genders, and the use of the singular shall be deemed to be or include the plural (or vice
versa).
ARTICLE XIV. "CHILDREN" DEFINED
For all purposes under this Will, whether far the determination of relationships or otherwise,
adopted children, whether adopted by my wife and me or by any other person, shall be
considered to have and shall be given exactly the same status as natural born children.
ARTICLE XV. CODICILS
All references to this Will in the paragraphs hereof shall be deemed to mean this instrument as
modified by all valid codicils.
ARTICLE XVI. PERSONS OMITTED
Except as otherwise provided in this my Last Will and Testament, I have intentionally omitted to
provide herein for any other relatives or for any other person, whether claiming to be an heir of
mine or not.
IN WITNESS WHEREOF, I, FRANK J. FREISTAK, JR., hereby set my hand to this
my Last Will and Testament, on / �'�y�� �'G'`�� , 2008, at Harrisburg, Pennsylvania.
� � � ' �
Frank J. Freistak, Jr.
In our presence, the above-named FRANK J. FREISTAK, JR. signed this and declared
this to be his Last Will and Testament and now at his request, in his presence, and in the
presence of each other, we sign as witnesses.
Name ' Address
2000 Linglestown Rd Suite 202 Harrisbur� PA 17110
rn 2000 Lin�lestown Rd Suite 202 Harrisbur� PA 17110
14
I, FRANK J. FREISTAK, JR., Testator, who signed the foregoing instrument, having
been duly qualified according to law, acknowledge that I signed and executed this instrument as
my Will, and that I signed it willingly as my free and voluntary act for the purposes therein
expressed.
Sworn to or affirmed and
Acknowledged before me by
FRANK J. FREISTAK,JR.,the Testator
on /vb U�m b� /� , 2008.
. � �.- � - ��
��. �
Notary Public FRANK J. FREISTAK, JR.
COMMOfV1NEA�.Tli QF PENfVSYLVANIA
Notarial Ssal
Melissa M.Kain,Notary Public
Susquehanna Twp.,Dauphin County
My Commission F�cpires Aug.11,2010
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testator sign and execute this
instrument as his Will; that he signed and executed it willingly as his free and voluntary act for
the purposes therein expressed; that each of us in his sight and hearing signed the Will as
wimesses, and that to the best of our knowledge, that he was at that time eighteen (18) years or
more of age, of sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
Subscribed to before me
by �� � �� /
and �— Q �Q Witn ss
witnesses, on O�Jeiv�bp/' l C� , 2008.
P ��!�
Witne s
�'r�e,Q.�,� �,�J. ��
Notary Public
C(7MMONUUEpLThi p�`I�ENNSYLVANIA
fVot�rial Seal
Meiissa M.Kain,Notary Pubflc
Susquehanna Twp,,Dauphin County 15
My Commission Expires Aug.11,2010