HomeMy WebLinkAbout09-15-05
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Register of Wills, Cumberland County
PETITION FOR GRANT OF LETTERS
No.dlJ - () 5-0X-Stf
Estate of Linda R. Emrich
also known as
, Deceased
Social Security No. 274383p94
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
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named in the Last lNill of the
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State relevant circumstances, e.g., renunciation. death of executor, ate :
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents off9red
for probate; was not the victim of a killing and was never adjudicated incapacitated: I
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A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or
Decedent, dated 11/7/2000 and codicil(s) dated n/a
(COMPLETE "A" OR "B" BELOW:)
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B. Grant of Letters of Administration
(c.I.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spsuse
(if any) and heirs: -j . 'c>,
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Name
Relationship
Residen<;EiJ
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. :
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family 4r principal
residence at 96 Longwood Drive, Mechanicsburg, Silver Spring Township, PA 17050 I
(list street, number and municipality) I
Decedent, then 61 years of age, died July 14 ,2005 ,at Manor-Care Carlisle I
Decedent at death owned property with estimated values as follows: I
(if domiciled in PA) All personal property ...................................~~~~ati:n) I 60,000.00
(if not domiciled in PA) Personal property in Pennsylvania .................... $ I
(If not domiciled in PA) Personal property in County .............................. $ i
Value of real estate in Pennsylvania ........................................................................................ $ r
Total.......................... ..... ..... ....... ... ... ...... ....... ....... ........... ...... ........ ...... ..... ..... ....... $ i 60,000.00
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Real Estate situated as follows:
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Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and COdicil(s) presented with this Petition and the grant of lett,rs in
the appropriate form to the undersigned: . :
Signature
Typed or printed name and residence
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John C. Emrich
96 Lon wood Drive
Mechanicsbur PA 17050
RW-7
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner( 5) and that, as personal representative( s) of the Decedent,
Petitioner(s) will well and truly administer the estate according to law.
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Estate of Linda R. Emrich
DECREE OF REGISTER
also known as
Deceased
No.
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Social ~~7~=. , Date ofDealt1;7/14/2005 .1
AND NOW, ./fY\ 15 ,~~in consideration of the Petition!
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters lID Testamentary 0 of Administration
are hereby granted to John C. Emrich
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(c.I.a., d.b.n.c.t; pendente lite; durante absentia; durante m~noritate)
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in the above estate and that the instrument(s), if any, dated
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
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FEES
Letters ....................................
Short Certificate(s) ......~.......
Renunciation ..........................
Affidavit ( ) .......................
Extra Pages ( )~
Codicil.................................
JCP Fee .................................
Inventory & Tax Forms.............
Othe~.~~~.
$ \'05 'uV
$ \2..DQ
$
$
$ ,50\:)
$
$ \O,Vb
$
$ 5.tA)
TOTAL .............................$ t 11...1.-\)
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Attorney
Attorney: David W. Reager
1.0. No: 020868
Address: 2331 Market Street
Camp Hill
Telephone: 717-763-1383
DATE FILED: <f-1S---o~
PA 17011
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This is to certify that the information here given is correctly copied from an original ce:~ific~tc of death du~r filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records OffIce for permanent fIlIng.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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Fee for this certificate, $6.00
Local Registrar
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JUL 1 5 Z005i
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3 Rev. 2/87
COMMONWEALTH OF PENNSYLVANIA ~~A~~ O~~~.e.L RECORDS
CE.RTIFICATE OF DEATH
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NMiEiiFiiECEDEN;: (First. Middk.. La;t)
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AGE (Last Birtt-day)
51ATE FilE NUMaER
---.-------~'.E)' SOCIAL SECURllY NUMBER
;J'erra]e 327:1 -38 --3694
BI~THrLAC:. rc ty a:1a P OF DEATH Checlum.!Y. one" toee instructions on ether 51
State or Forslgn County) HObPrtA.L' OTHER:
ir.pa~&nt r:J !!R10u~atlenl 0 '.oO~, 0 Nul'$lflg ~
lJa, Home 4..ClJ
FACILITy' ~AME (If not institution. give ~tn'let and rumber)
TH (~:onth. Da) Yoar)
Bb. Cumberland Be. Carlisle
DECEDENTS USUAL CCCUPATION KIND OF BUSINESS I INDUSTRY AS DECEDENT EVER IN
1~~'~;~~;1I~~~o":'~t'~ri,~~,~gt U.S. ARMED FORCES?
. 11.. school teacher 11b. public education 12Y<sD NOa
DECEDENTS MAILING ADDRESS (Street. CltylTown. State. Zip Code) ~~~0~CNTS P A Did
96 Longwood Dr. RESIDENCE decedent
17050 (S... in"'uetion, 1 . 1 live in a 0 110, decodent Iivod
:~':,~~::~~:"~:~,~',,:' A Raymond J orob ";;::: ". ~","~_Gnm :or\af~rn'" :::::.., ":~;_.:::':~:::, y Nen'ding---r---'
lB.____ 19. I
INFQRMANrS NAME (Type/Print' JNfORtI,.~ANTS MAIUt\G ADDRESS (Street, CltyfTown. State, Zip Code} I
20. John C. Emrich __.______llab 96 Longw0od Dr. Mechanic~bl.lrg, PA 170 0
METHOD or: DISPO~j1Tlor-J I DATE OF t)\SPO~lTlr)N I P~ACE C,F nlS'~oslrloN- Name of Genl'3!ery Gran-Iator)- LOCATJON - CityfTowrI, Stst . Zip Code
O i1'U.. 0 I (IAo Ih 0 \' ) (.rOU-,u F:w..e I
Buriel .-,C'em':'tioo~'mc.valrromStale [J" . ,> "'., /J 6/05 1 ConOLite Crematory Schaeffersth. wn,
Other (Spec:f,,) 21b. I w~. _~_._ 'Z1c 21d, r
UiPl'N2EE OR FEReON ACl ,~'3 AS SUCH L1GE~5E NUMBER ---'NiWEANO ADDRESS Qt' FAG'L1 rr :
_'-- ..____22b FS 01~-4FL-_-_.- !22cP?1'lhp.Il}9~YH&CS,lnc.NewCt\mberlan ,FA
Te, ~hc OO$~ of nw '<:1owledge. de3th Qccunwi at ,""e tIme, Gate ld pare sbl..K' LICEr-ISC= NuMBER DAlf:. S'GNED
tSIQm.tueanrlTlte~ ~) ,
.--.--__.__ 2~____.___3 _G..---DJl _ .JL.h).._._. 23b. R:~!-S.'!;,""'~.!.!..-?.:._(
Itenus 24-2:6 .:lust be "~')I1;)let~d ty liME OF DEATI-l T[ ~ F\OtJOUNCEU DE. D ".10Clth, rhy. Year) WAS C)'~E REFERRED TO A ~El)ICAL E.
pe"on who ~'onovocI 5 death 24 ('t 55 M 25 -i : ~ l~" '70 ( - .S. Ye.hh.l 'L .
. .- ---:><~--~ _1.!:_.9~____. AZt....JJ:Y.
27. PART I: enter the ClI....... '"Juri.. or eompU':lllcnl w"llch caudad the d.-f1- 0" not entar tka mode of dylf'\g, .u;;:h lllrll:ard.ac tor ,l)lrilt~lry itoirest, .h~ct or hurt bliu e. : ApproJ(imate PART II: Other signific t... i fans contiouting to death. but
Llat ~nly 0.,. e.u.. on ..ell line. I interval between not resultinq in UtJ erlying cause given in PART I.
: onset and df"Rth
MARiTAL STATUS, Married.
Never Manied, Widowed.
Divorced (Specify)
114. married
URVIVING SPOUSE
(fwlfe, gIve maiden name}
17c, KJ Yes. decedent ~lved in
IsJohn I C.
Silver Surilj1g
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Emrich
twp.
citylboro.
IMMEDIATE CAUSE (<inal
disease or condition
resultin!:l in death) ---+
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DUE TO (OR A~A CONSEQUENCE OF)
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Sequentially Iisl conditions b
if any. leading to immed~te (
cause. Enter UNDERLYING
CAUSE (Disease or injury t e.
that initiated events
resulting on death) LAST d.
WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAILABLE oRIOR TO
COMPLETION Oe CA:JSE
OF DEATH?
DUE TO (OR AS A CONSEQUENCE OF):
DUE To lOR AS A CONSEQUENCE OF)'
MA"NER OF DEATH
Natural
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Homicide
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DATE OF INJ'JRY TIME or INJURY INJURY AT WORK? DESCRIBE HOW I JURY OCCURRED.
(Monl!1 Day Ye..r)
30'!.-______~_._~ .~o 0 30d.
PL..JISE OF INJURY. At home. fann, $treet. factory. office LOCA1'ION (Street. CltylTown. S~ate)
bu!ldlng, 81c, iS~eclfy) ,
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Accident
V'5 0 No []
'e50
NoD
Suicide
Pending Jnve&tiga~lon
GoulC! not be rlp.termiMd
2Ba. 28b.
CERTIFIER (Check only one)
.f~~tT~F:':~tGor:;',~~~~-:'~3:J;S~;:~h ~~~i~~dC3J~: t~ ~:b~~~:~(~)~~3rJ~x~~a~ h:t~~~~.~~':~.~ .~;~~~h. ~~~ ,:~.r:.P~~~~~ .;~~.~ .~~} ',.,..,"" "'" 0
29.
.PRONOUNCING AND CERTIFYING PHYSICIAN (Ph}'eician lJoth .,rOr'ouncing death al"d c~rt:fylr.g!O caus"l Of d€dtl')
To the ~.t of my knowledge, dflath occurreJ at the tIme, dJ.te, and plar..e, bnd dUB to fhe CdU2R'l(S: and mann,,",q., sta~e'1,...,
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L1CEi'~SE t ,R ~_ DATE .,:C)IG EO J~,onth, OaY"'year)
o :;1c. OO(~1!L- !- 13!d t'{r'f(~
NAME AND ADD"ESS OF FERSON WHO CO~lPLETE[, C~USE OF D!'A TH
(Item 27) Type C' Pnnl Da rry 1 Cui s twi tel
32. 522 ?:~:t S~: Carlisle, FA
DAlE. FILED (Mo.,tl1. DHY, Year)
17013
'MEDICA~ EXAMINER1CORONER
On the baal, of ell.am'natlon end.lot lnveai.igatlor . In mt opInion, death OGcUrred~t tl1e tir.,e. ~,"f!'. and VI.s.c'3, and (iue to the cauBu(sl and _
31a~8i'1~1f''' .tated.....)::,:.~.i....'....~.;::.;.:;,............ ........ ,., ,. ".,.... -,.,...... "................... ..." .."...,.,.,.... .. ..,....,....,..,..,... ". "......., ..... (:J
R~N(~E~~'};..'~L'-;V,.,.u-------_. ----.---,---- I
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LAST WILL AND TEST AMENT
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LINDA R. EMRICH-- (JII
I, LINDA R. EMRICH, of Mechanicsburg, Cumberland County; pe~nSyj~Lia,
which I declare to be my domicile, do hereby make, publish, and declare this to be mY'LASiJILL
AND TESTAMENT, hereby revoking all wills and codicils at any time heretofore made b)Cl11e.
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FIRST: IDENTIFICATION OF FAMJI ,Yo I am married to JOHN C. EMRlICH
(my "spouse" or "husband"), and we have three (3) children: MATTHEW J. EMRICH, KARA
E. EMRICH and KRISTEN L. EMRICH (each my "child" and collectively my "children"l" As
used in this Will, the terms "my spouse" or "my husband" shall mean only JOHN C. EMRICH As
used in this Will, the term "my child" or "my children" refers to my natural children and any ad pted
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children. As used in this Will, the term "issue" refers to all lineal descendants of the indicated PFrson
of all generations, with the relationship of parent and child at each generation determined b~ the
definition of "child" and "children" set forth in this paragraph. Applicable to this Will are such pther
definitions as set forth in Article EIGHTH. I
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SECOND: PAYMENT OF DEBTS AND TAXES. Except as otherwise provided
in this Will, I direct that all my legally enforceable debts, funeral expenses, expenses qf the
administration of my estate, and federal estate and state death taxes, including interest and pe~alties
thereon, becoming payable because of my death (except any generation-skipping transfi~r tax
imposed by Section 2601 of the Code or any recapture tax imposed by Section 2032A of the ode)
be paid out of my Residue. Notwithstanding the foregoing, if any tax, including intere t and
penalties thereon is imposed on property includible in my gross estate by reason of Section 2q44 of
the Code or a similar provision of state law, I direct my executor to recover the tax attributa~le to
that property from the person or entity in possession of or receiving the property as provided in
Section 2207 A of the Code or a similar state law.
THIRD: DISPOSITIONS.
A. General. Except as otherwise expressly provided in this Section, I int~nd to
dispose of all of my separate property.
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B. Personal and Household Effects. I give to my spouse all of my PersoJ$1 and
Household Effects, or ifhe shall fail to survive me, then to those of my children who shall s~rvive
me, in substantially equal shares, to be divided among them as my executors shall determine, which
determination shall be conclusive and binding upon all persons interested in my estate.
Notwithstanding the foregoing sentence, my executor in its sole and absolute discretion may include
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my Personal and Household Effects directly in my Residue or sell any such property and include the
proceeds in my Residue. I direct that any expenses incurred in obtaining possession, apprai~ing,
safeguarding, delivering, or selling such property be paid from my estate as an administr~tion
expense. If neither my spouse nor any of my children survives me, my Personal and Hous~old
Effects shall be added to my Residue. Any division and distribution made by my executor sh~ll be
binding upon all parties, including my children. j
C. Residue. All the rest, residue and remainder of my property, of every kilnd
and nature and wheresoever situated, whether real or personal (my "Residue"), I give to the trustee
named in a Living Trust Agreement created on III al/.. 7 , 2000, between myself and my
spouse as grantors and myself and my spouse as co-trustees, to be held, administered and distributed
according to the provisions contained therein. I confirm and ratify the Living Trust Agreement in
every respect, including any amendments that may be made thereto from time to time.
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D. Failure of Trust. Ifmy Living Trust Agreement is revoked prior to my death
or if the distribution of any property pursuant to this Will to the Trustee of my said Living ~rust
Agreement is invalid under the governing rules oflaw, any property otherwise devised or beque~thed
to the said Trustee shall be bequeathed to my spouse, if my spouse survives me, or if my spous~ fails
to survive me, to my issue who survive me, per stirpes. !
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E. Method of Payment to Certain Beneficiaries. If any beneficiary to who~ my
executor is authorized by this instrument to make distributions is under a legal disability or is, in the
opinion of my executor, incapable of properly managing his or her affairs, my executor may make
such distribution in anyone or more of the following ways: I
1. To such beneficiary directly;
2. To the guardian, committee, conservator, or other similar official
of such beneficiary;
3. To a relative of such beneficiary to be expended by such relative
for the benefit of such beneficiary;
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4. To a custodian selected by my executor under an appHcable
Uniform Transfers to Minors Act; ,
beneficiary.
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5. By my executor expending the same directly for the benefit ~f such
Any person (other than the beneficiary) who receives a distribution for the benefit :of the
beneficiary pursuant to the preceding sentences is authorized to give a valid receipt and dis~harge
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for the distribution. The distribution to such beneficiary or other person to whom payment is made
or entrusted shall be a complete discharge to my executor, and my executor shall be witlhout
obligation to see to the further application of such distribution. .
FOURTH: POWERS OF ADMINISTRATION. I confer upon my execut~r all
powers granted to fiduciaries under the laws of the Commonwealth of Pennsylvania, whether my
estate is administered in Pennsylvania or elsewhere. In addition to the powers granted by l~w, I
authorize my executor or other legal representatives of my estate:
A. To accept additions to my estate from any source.
B. To acquire the remaining undivided interest in property of my estate in which
my executor, in fiduciary capacity, holds an undivided interest.
C. To invest and reinvest the assets of my estate in securities or in r~al or
personal property, whether within or outside of Pennsylvania or the United States, without theineed
for diversification as to kind or amount and without being limited to investments authorized by law
for fiduciaries. More specifically, but not by way of limitation, I authorize and empow9r my
executor to: '
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1. Invest in discretionary common trust funds, mutual $nds,
investment trusts, unsecured obligations, stocks, bonds, and real estate. '
2. Retain as long as my executor deems proper any r~al or
personal property or any stocks, bonds, notes or other securities (including securities issued by a
corporate executor) which I own at my death or which are subsequently acquired. ;
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D. To effect and keep in force fire, rent, title, liability, casualty or other insJrance
to protect the property of the estate and to protect the executor.
E. With respect to any property, real or personal, or any estate therein owrted by
my estate, except where such property or any estate therein is specifically disposed of:
1.
To take possession of, collect the rents from and manake the
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same.
2. To sell the same at public or private sale, and upon suchlterms
and conditions, including credit, as to my executor shall deem advisable.
3. To lease, mortgage, partition, or subdivide the same; even
where the terms of such lease or mortgage shall extend beyond the administration of my estate.
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4. To abandon property which does not have sufficient economic
value, in my executors' judgment, to make it worth protecting.
5. To repair or improve the same.
6.
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To grant options for the sale of same for a period not exc~ding
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six (6) months.
F. With respect to any mortgage held by my estate, to continue the same upon
and after maturity, with or without renewal extension, upon such terms as my executor deems
advisable, or to foreclose, as an incident to collection of any bond or note, any mortgage securing
such bond or note, and to purchase the mortgaged property or acquire the property by deed from the
mortgagor in lieu of foreclosure. :
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G. To employ any bank or trust company incorporated in the state of my
domicile, any national bank located in the state of my domicile or any private banker duly autho~zed
to engage in business in the state of my domicile as custodian of any stock or other securitiesl held
as fiduciary, and the cost thereof, except in the case of a corporate fiduciary, shall be a charge ppon
the estate. '
of a nominee.
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H. To cause any stock or other securities to be registered and held in the pame
1. In the case of the survivor of two or more fiduciaries, and except as otherwise
provided in this will, to continue to administer the property of the estate without the appoin~ment
of a successor fiduciary. I
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J. As substitute or successor executor, to succeed to all of the powers, duticls and
discretion of the original executor, with respect to the estate, as were given to the original exe~utor.
K. To contest, compromise or otherwise settle any claim in favor of the estate
or executor or in favor of third persons and against the estate or executor, or to submit the same to
arbitration, without judicial approval.
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L. With respect to any shares of stock or other securities owned by my estpte or
executor:
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1. To vote or refrain from voting, m person or by proxy,
discretionary or otherwise, such shares of stock or other securities.
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2. To pay calls, assessments and any other sums chargeable or
accruing against or on account of shares of stock, bonds, debentures or other corporate secudties,
whenever such payments may be legally enforceable against my executor or any property of the
estate or the executor deems payment expedient and for the best interests of the estate.
3. To sell or exercise stock subscription or conversion rikhts,
participate in foreclosures, reorganizations, consolidations, mergers, or liquidations and to co~sent
to corporate sales, leases and encumbrances.
M. To execute and deliver agreements, assignments, bills of sale, contracts, deeds,
notes, receipts and any other instruments necessary or appropriate for the administration of the
estate.
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N. To make distribution in cash, in kind valued at fair market value alf the
property at the date of distribution, or partly in each, without being required to make prd rata
distributions of such property. '
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O. To pay all reasonable and proper expenses of administration from the property
ofthe estate, including the reasonable expense of obtaining and continuing the fiduciary's bon~ and
any reasonable counsel fees which the fiduciary may incur. I
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P. To employ and remunerate agents to perform necessary services for the rstate
such as, but not limited to: accountants, attorneys, investment advisors, actuaries, appraiser and
custodians.
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Q. To borrow in the name of my estate from themselves or others and securd such
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loans by mortgage, note, or pledge, at prevailing rates of interest. I
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R. With regard to any business enterprise which I may own or possess an interest
in at the time of my death, whether incorporated, unincorporated, or operated as a sole proprietchship
or partnership:
1. To retain all or any portion of the business and continue to
operate the same for so long as my executor shall deem advisable. :
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2. To sell all or any portion of the business, at such time $d on
such terms and conditions (including credit), as my executor shall deem advisable. My executor may
sell the business to any person, including a person interested in my estate or a fiduciary serving
hereunder. I
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3. To control, direct or manage the business; vote any corporate
shares; select, hire and compensate, or discharge employees, directors and officers of the busirless;
serve on the board of directors of the business; retain and compensate experts to advise my exedutor
concerning the management or disposition of the business. .
4.
sums of money in the business.
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To recapitalize or reorganize the business; invest additibnal
5. To participate in or consent to any merger, consolidation,
reorganization, dissolution or liquidation of the business.
6. To account for the business as an entity separate from my
estate. In this regard, my executor shall be authorized to retain earnings in the busine~s in
conformity with sound business practice.
7. I exonerate my executor from liability for any loss resu~ting
from the retention and/or operation of any business enterprise unless such loss shall result from the
executor's gross negligence or willful misconduct. i
S. To claim administrative expenses of my estate either as income tax deductions
or as estate tax deductions, in my executor's sole discretion, without regard to whether such expJnses
are payable from income or principal, and without the necessity of making adjustments or
reimbursements between principal and income or among the property interests of the vaiOUS
beneficiaries of my estate. I exonerate my executor from any liability arising from the clai of a
beneficiary of my estate whose entitlement under the terms of my will has been diminished b my
executor's elections. I
T. To execute, file and deliver proofs of claim or receipts required to collept all
policies of life insurance on my life which name my estate as beneficiary; elect any optional modes
of settlement available under such policies; receive, administer and distribute the proceeds of!such
policies in accordance with the dispositive provisions of this will. The receipt of my executor shall
constitute full acquittance to any insurance company for policy proceeds paid.
U. To allocate, in their sole and absolute discretion, any amount ofthe exemption
from generation skipping taxes allowed under Internal Revenue Code, Section 2631(a), to property
of which I am the transferor, including property transferred during my lifetime to whidh no
allocation has previously been made, without the necessity of making adjustment or reimburse!ment
to any person as a result of such allocation.
V. To join with my surviving spouse in the execution and filing of:
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1. a joint income tax return for any period prior to my death for
which I have not filed a return and to agree as to the apportionment of any joint tax liability.
2. a gift tax return on gifts made by my surviving spouse arid to
consent to treat such gifts as being made one-half (12) by me, for any period prior to my deatli.
W. In the event that any of my tangible personal property is donated to a charitable
organization( s) then my fiduciary is instructed to use the value of said donation( s) as an inheritance tax
deduction for any inheritance tax return which may be required to be filed as a consequence of my death.
X. To disclaim any interest in property which would devolve to me or my estate
by whatever 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 person entitled to ta~e by
intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party benefibary
contract. :
Y. To file the appropriate election in accordance with Section 2056(b)(7)(:$)(v)
ofthe Code to designate whatever portion of the assets comprising my federal gross estate that the
executor, in the executor's sole discretion, determine should qualify for the marital deductio~. In
making this determination, the executor is directed to consider the present and projected finalncial
requirements of my spouse, the expected period of survivorship of my spouse and the asset$ that
have passed to my spouse other than under the provisions of this Will. :
Z. To do all other acts in the executor's judgment deemed necessary or des~rable
for the proper and advantageous management, investment and distribution of the estate.
My executor may exercise these powers for any purpose and upon such terms, conditionls and
limitations (whether or not to exist longer than the administration of my estate) which ip the
judgment of my executor shall be in the best interest of my estate and the beneficiaries therebf.
FIFTH: PAYMENT OF DEATH TAXES. I direct that all estate, inheri~ance,
succession, transfer or other death taxes assessed by any taxing authority, whether foreign or
domestic, in respect of all property taxable by reason of my death or by inclusion of such property
in my gross estate for estate tax purposes, be paid, without apportionment, as directed in th~ pour
over indenture oftrust, the Living Trust Agreement, created tv f)V -, _, 2000 between ~yself
and my spouse as Grantors and myself and spouse as co-trustees. However, the afoiesaid
notwithstanding, if, at the time of my death, I am the beneficiary of a qualified terminable initerest
property (QTlP) trust, and the principal of that trust is includible in my gross estate for tax pmJi>oses,
it is my direction, pursuant to the provisions of Internal Revenue Code, Section 2207 A, that my
executors or the trustee of the trust withhold from the shares of the remaindermen of the trust an
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amount by which the estate tax in my estate exceeds the amount of the estate tax which would have
been payable had the trust property not been included in my estate for tax purposes. I
SIXTH: PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. I In
determining whether a person who may be interested in my estate has survived me or another pefson,
(1) my spouse shall be deemed to have predeceased me unless it unmistakably appears by proof th t he
survived me; and (2) in all other cases, a person shall not be deemed to have survived me or an , ther
person ifhe or she dies within thirty (30) days of my death or of the death of the other person.
SEVENTH: EXECUTOR.
A. Appointment. I nominate and appoint my husband as executor of this, my will.
If my husband shall fail to survive me, shall decline to act, or having qualified shall, for any ref. son
thereafter, cease to act, I nominate and appoint MATTHEW J. EMRICH as successor execut r in
his place. Any executor, original or successor, named herein may be referred to herein a my
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executor.
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B. Accounting to Successor Executor. Any successor executor is authorize~ (but
not directed) to accept the assets delivered by or for a predecessor executor on the basis or the
accounting therefor without requiring any audit or other independent accounting of the acts of Isuch
predecessor executor. Any successor executor shall not be liable for, or liable for failure to re4tify,
any act or omission of my predecessor executor. I
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C. Time and Method of Distribution. Final distribution of my estate sh~ll be
made when my executor determines the time to be appropriate. Prior thereto, partial distributions
may be made whenever my executor shall deem it advisable. Distributions may be made in ca~h or
in kind, or partly in each, and for this purpose, the determination of my executor as to the valve of
my property distributed in kind shall be conclusive. :
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D. Selection of Assets for Distribution. My executor shall in its sole and absblute
discretion select assets or property to be distributed in satisfaction of any devise or bequest in my
Will without respect to the income tax basis of such assets or property. My executor specifically is
excused from any duty of impartiality with respect to the income tax basis of such property.
E. Conflicts oflnterest. I realize that, in the course of the administration dfmy
estate, conflicts of interest may develop between beneficiaries of my estate, the Trustee of my dving
Trust Agreement, the beneficiaries of my Living Trust Agreement, and possibly others. I For
example, conflicts may develop because of a choice of alternatives involved in valuing assets for
various purposes. In the resolution of any conflict of interest, I request (but do not so direct) thctt my
executor first make a reasonable effort to determine the overall effect of the conflict Oln the
administration of my estate and in the distributions to be made to the Trustee of my Living trust
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Agreement and then make reasonable efforts to resolve the conflict by the mutual agreement of the
respective beneficiaries or recipients. In the event that a mutual agreement cannot be reached after
reasonable efforts, my executor shall resolve the conflict in its sole and absolute discretion. i
F. Elections and Options. I confer upon my executor the sole and abs~lute
discretion to exercise any election or option given to my executor under the revenue laws of the
United States or any state in which this Will may be probated or in which property of which lown
an interest at the time of my death may be located. My executor may exercise such discretion
without regard to the relative interests of the beneficiaries of my estate without compensating
adjustments among the beneficiaries of my estate; and notwithstanding the possibility that such
decisions may increase the amount of my taxable estate. Without limiting the generality of the
foregoing sentence, my executor is authorized, in its sole discretion, to claim any expense of
administration of my estate as an estate tax deduction or as an income tax deduction; to el~ct to
extend the payment of any tax over such period as may seem appropriate to my executo~ and
available under law; to elect to value my estate under any alternative valuation formula which/may
be permitted under the Code; to select the alternative valuation dates for the valuation of my dtate;
to make (or not make) in whole or in part the election under 92133(a) of the Pennsylvania
Inheritance and Estate Tax Act, 72 Pa.C.S.A. 99113, to subject property to Pennsylvania EstatJ Tax
on my death and thereby avoid any such tax on my Spouse's death; to disclaim or renounqe, in
whole or in part, any gift, inheritance, life insurance or employee benefit payable to or for the b~nefit
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of me or my estate; to join with my Spouse in the filing of any tax returns for any year or yeats for
which I have not filed such return or returns prior to my death and pay all or such ratable sh<jre of
any taxes (together with any interest and penalties thereon) as my executor shall deem propd; and
to consent to any gifts made by my Spouse prior to my death being treated as made one-halflo/2)
by me for the purpose of any gift tax laws and returns. '
G. Encumbered Distribution. My executor is authorized to distribute t~ any
beneficiary of my estate or to the Trustee of my Living Trust Agreement or to the beneficiary qf my
Living Trust Agreement any asset of my estate subject to any and all indebtedness incurred l:ly me
or by my executor which indebtedness, in the sole and absolute discretion or opinion of my exe~utor,
need not be paid first, or to distribute any such property or asset subject to any and all mort~ages,
deeds of trust, or the liens, encumbrances, or obligations created by me or by my executor.
H. Special Election and Allocation of Generation-Skipping Transfel1 Tax
Exemption. I expressly confer upon my executor the sole and absolute discretion to elect under
Section 2652(a)(3) of the Code (which election permits me to be deemed the transferor Jr the
property for the purposes of the federal generation-skipping transfer tax and the exercise of thich
may be advantageous for purposes of generation-skipping transfer tax planning) to treat me as the
transferor of any qualified terminable interest property with respect to which my estate is aUowed
a deduction by reason of Section 2056(b)(7) of Code (which permits a "marital" deducti:on in
calculating the amount of my taxable estate for federal estate tax purposes). I authorize my ex~cutor
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to allocate my generation-skipping transfer tax exemption to and among dispositions of property
with respect to which I am the transferor, whether contained in this Will or otherwise, in such
manner as my executor, in my executor's sole discretion, deems best calculated to secure the ~ost
effective utilization of such exemption, based on circumstances and events either knowp or
reasonably foreseeable as of the expiration ofthe time within which such allocation is requir~d to
be made. While equality of treatment among different beneficiaries or beneficiary groups shjould
be an important consideration in allocating such exemption, it should not be the sole or eve~ the
primary consideration. Any allocation so made by my executor shall be binding on all peIisons
interested in the dispositions with respect to which I am the transferor and my executor shall have
no liability if, as the result of or in light of subsequent events, the benefits of the exemption fall
inequitably, or different allocation would have protected a higher value of assets from generation-
skipping transfer tax. It is my desire (but not direction) that my generation-skipping transfer tax
exemption be allocated, ifmy Spouse survives me, to property passing to the Family Trust undir my
Living Trust Agreement to the maximum extent possible and to the extent ofthe generation-ski ping
tax exemption in excess of the amount allocated to such Family Trust, to qualified termi able
interest property with respect to which my executor has made an election under Section 2652(~)(3)
of the Code or, ifmy Spouse fails to survive me, to my Residue or where appropriate to secu* the
most effective utilization of my generation-skipping transfer tax exemption, to property in a Mrrital
Trust established for me by my Spouse. I
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1. Executor's Discretion Controlling. Any decision made under this Sectibn or
any other provision of this Will by my executor with respect to any matter shall bind each
beneficiary of my estate, the Trustee of my Living Trust Agreement, the beneficiaries of my L"ving
Trust Agreement, and any other person however interested in my estate; and my executor sha I not
be required to make any compensating adjustments between income or principal or amon any
beneficiaries, trustee, or any other person as a result of my executor's action or inaction. I
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J. Liability of Executor. The executor shall be liable only for its own neglifence
or willful misconduct. !
EIGHTH: DEFINITIONS.
A. c..ode. All references in this Will to the "Code" shall mean the Internal Revenue
Code of 1986, as amended, and shall be deemed to refer to corresponding provisions of any
subsequent federal tax law. I
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B. Living Trust Agreement. By my "Living Trust Agreement," whereve~ used
in this Will, I mean the Trust Agreement executed by me and my spouse on W~. -, ,12000,
in which myself and my spouse are named co-trustees. Such reference also shall include any
amendments to such Trust Agreement. '
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C. Personal and Household Effects. All references in this Will to my "Personal
and Household Effects" shall mean my jewelry, closing, books, china, crystal and silverware,
furniture and furnishings, objects of art, boats, automobiles, club memberships, and all other
personal property of a nature, use, and classification similar to the foregoing, and includes all dghts
that I may have under any insurance policies relating thereto. Expressly excluded fromi this
definition is any tangible personal property regularly used in connection with any business in which
I own any interest.
D. Per Stirpes. All references in this Will to "per stirpes" shall mean a distribution
in accordance with this Section. Except for discretionary distributions that may be made unequally
among a group of beneficiaries, whenever a distribution is to be made to the issue of any person, the
property to be distributed shall be divided into as many shares as there are (1) living children of the
person, and (2) deceased children, who left beneficiaries who are then living, of the person. Each
living child (if any) shall take one share and the share of each deceased child shall be divided mPong
his or her then living issue in the same manner.
E. Residue. All references in this Will to my "Residue" shall mean an the
remainder of my property, of whatsoever kind (whether real, personal, or mixed, and whether
tangible or intangible) and wheresoever situated (and including all lapsed bequests and dewises
which fail for any reason), not specifically disposed of herein. Should I possess one or more powers
of appointment, however, I call attention to the fact that I do not desire to exercise any such p~wer;
neither such power nor any property subject to any such power shall be regarded as part df my
Residue.
NINTH: MISCELLANEOUS.
A. Bond and Compensation. I direct that no executor or other ilegal
representative of my estate shall be required to furnish any bond or other security in any jurisdiction.
Any executor named herein or otherwise appointed shall be entitled to reasonable fees commen$urate
with its duties and responsibilities, taking into account the value and nature of my estate and the time
and work involved, with regard to any statutory provisions as to fees, and if it is a corporationb then
not less than its then current minimum fee for such services. If any licensed attorney or certified
public account shall serve as executor, such person shall be compensated for services rendered on
the basis of such person's customary charges for legal or accounting services.
B. Will Not Contractual. My spouse and I are executing Wills at approximat~ly the
same time, in which each of us is the primary beneficiary of the Will of the other. These Wills ~lre not
being executed pursuant to any contract to make a Will or any contract not to revoke a Will. The Will
of each of us is revocable at any time, whether before or after the death of the other spouse, at the sole
discretion of the spouse making the Will.
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C. Invalid Provisions. If any part of this Will or my Living Trust Agreement shall
be invalid, illegal, or inoperative for any reason, it is my intention that the remaining parts, so f~r as
possible and reasonable, shall be effective and fully operative. My Executor may seek and obtain qourt
instruction for the purpose of carrying out as nearly as may be possible the intention of this Wi~l as
shown by the terms hereof, including any term held invalid, illegal, or inoperative.
D. Number and Gender. If required by the context of this Will, singular language
shall be construed as plural, plural language shall be construed as singular, and the gender of personal
pronouns shall be construed as either masculine, feminine, or neuter.
E. Terms. Throughout this Will I direct that the term "give" shall be deemed to
include the term "bequeath" or "devise" when appropriate.
F. Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be construed to be ai part
of this Will.
G. Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I sign, seal, publish and declare this instrument at my
last will and testament on this L day of ~JC_ -'-..., 2000. .
~;e.~
LIN R. EMRICH i
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COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF CUMBERLAND )
I, LINDA R. EMRICH, THE TESTATOR, WHOSE NAME IS SIGNED TO tHE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LA W~ DO
HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY
LAST WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS
MY FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWL~RE ME BY LINDA R.
EMRICH, THE TESTATOR, THIS 1 DAY OF ~ ,2000.
ftSrdW~~
LIND R. EMRICH, Testator
1 JlJiuJ'-;/~~____
.f-1~ary Public
Notarial Seal .
COMMONWEAL TH OF PENNSYLVANIA ) Deborah L. Brenneman, Notary pubh~
SS Camp HlII Bora, Cumberland County
: : My Commission Expires June 18, 20Q2
COUNTY OF CUMBERLAND ) Member, Pennsylvania AssociallOn at Nqtaries
WE, ChlZiSf; II.)C, fl- SfDhle.1L AND fi2. cC./c- C' < ~C:::ffCC//r..,z,
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRE$ENT
AND SAW THE AFORESAID TEST A TOR SIGN AND EXECUTE THE INSTRUMENT AS: HER
LAST WILL AND TESTAMENT; THAT SHE SIGNED WILLINGL Y AND THAT HE EXECl;JTED
IT AS HIS FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT
EACH OF US IN THE HEARING AND SIGHT OF THE TESTATOR SIGNED THE WILL AS
WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTA TOR W AS AT THE
TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO
CONSTRAINT OR UNDUE INFLUENCE.
\ 'L .. SfORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS -rv- DAY OF
~ ,2000. ;JU~$;Z
~ESS/
;2 ? /"/ /L ~
.\ifi~~' (. /~/.
A
Notarial Seal
Deborah L. Brenneman, Notary Public
Camp HIli Bora, Cumberland County
My Commission Expires June 18.2002
Member, Pennsylvania Association 01 Notar'aS
.d.A./~ ~