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MARIE A. BECH;rEL
FILE NO 05-04-W
J., \ - 'J~ - <0 \,\ ,
LAST WILL AND TESTAMENT
of
MARIE A. BECHTEL
BE IT REMEMBERED, that I, MARIE A. BECHTEL of 4833 E. Trindle Road, Room 557,
Mechanicsburg, PA 17050, being of sound mind, memory and understanding, do make, publish
and declare this as and for my Last Will and Testament, hereby revoking and making null and void
any and all Wills and Testaments and writings in the nature thereof by me, at anytime heretofore
made.
ITEM 1. BACKGROUND INFORMATION:
The following is background information pertaining to myself and my family:
~... - '\
A.
I was born on April 4, 1938.
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B.
My social security number is 186-28-6264.
C)
C.
I am widow.
D.
I have one deceased child, Charles Bechtel
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E. I have two (2) grandchildren:
1. Michael Bechtel.
2. Toni Bechtel.
F. I have a daughter-in law, Wendy Bechtel.
G. I have a brother-in law, Gordon Neely.
ITEM 2. DEFINITIONS:
The following definitions shall apply to this my Last Will and Testament:
A. My Will: The term "my Will" as used in this my Last Will and Testament shall mean
this my Last Will and Testament.
B. Personal Representative: The term "my Personal Representative" as used in my
Will means the Executor or Executrix of my Estate, or any other title of like import which
is used to describe such a fiduciary.
C. Trustee: The term "my Trustee" as used in my Will shall mean the Trustee of any trust
created in my Will.
WITNESS:
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MARIE A. BECHTEL
{SEAL}
Page 1
MARIE A. BECHTEL
FILE NO 05-04- W
D. Guardian of Minor's Property: The term" my Guardian of Minor's Property" as
used in my Will shall mean the Guardian over any property which passes either under
my Will or otherwise to any beneficiary who is then a minor, which guardian shall act as
the guardian of the minor children's property during minority.
E. My Estate: The term "my Estate" as used in my Will means all property of whatsoever
nature and wheresoever situate, whether it be real, personal or mixed, including any
insurance policies therefor, property over which I have power of appointment, and
proceeds from any insurance policies payable to my Estate in which I have an interest
upon my death and which is to be distributed to a beneficiary under the law pursuant
to the terms of my Will or as the result of intestacy.
F. Residuary Estate: The term "my Residuary Estate" as used in my Will means all the
rest, residue and remainder of my Estate remaining after payment of all of my last
debts, funeral expenses taxes and administration expenses and any other expense, or
expenditure required to be made as the result of my death and after distribution of the
Tangible Personal Property and any special bequests specifically set forth herein.
G. Per Capita: The term "per capita" as used in my Will means that whenever a
distribution is to be made to a person, the property to be distributed to that person shall
be distributed only if that person survives me. If that person has not survived me, the
distribution to that person shall lapse and be deemed void.
H. Survival: The term "survive me", or any derivative thereof, as used in my Will means
that any person or organization herein named or referred to shall be deemed to have
survived me only if such person or organization shall in fact survive me for a period of
at least thirty (30) days. Any person or organization named or referred to herein who
shall not survive me by a period of thirty (30) days shall be deemed to have died before
I do.
ITEM 03. APPOINTMENT OF PERSONAL REPRESENTATIVE:
The following shall apply to the appointment of my Personal Representative:
A. I appoint Samuel J. Magaro as my Personal Representative.
B. Should Samuel J. Magaro predecease me, fail to qualify, cease to act or renounce the
appointment as my Personal Representative, I then appoint Diane G. Radcliff, Esquire
as my Personal Representative.
ITEM 04. APPOINTMENT OF TRUSTEE:
The following shall apply to the appointment of my Trustee:
A. I appoint Samuel J. Magaro as my Trustee.
B. Should Samuel J. Magaro predecease me, fail to qualify, cease to act or renounce the
position of Trustee, I then appoint Diane G. Radcliff, Esquire as my Trustee.
ITEM 05. APPOINTMENT OF GUARDIAN OF PROPERTY:
The following shall apply to the appointment of my Guardian of Minor's Property:
WITNESS:
'7n~~ A~/'A2V
MARIE A. BECHTEL
{SEAL}
Page 2
MARIE A. BECHHL
FILE NO 05-04-W
A. I appoint Wendy Bechtel as my Guardian of Minor's Property.
B. Should Wendy Bechtel predecease me, fail to qualify, cease to act or renounce the
appointment as my Guardian of Minor's Property, I then appoint Samuel J. Magaro as
my Guardian of Minor's Property.
C. Should Samuel J. Magaro predecease me, fail to qualify, cease to act or renounce the
position of my Guardian of Minor's Property, I then appoint Diane G. Radcliff, Esquire
as my Guardian of Minor's Property.
D. This appointment of the Guardian of Minor's Property shall not supersede the right of
any fiduciary in his discretion to distribute a share where possible to such beneficiary
or to another for such beneficiary's benefit. My Guardian of Minor's Property shall have
the power to use principal as well as income from time to time, for the beneficiary's
support and education.
ITEM 06. DEBTS AND FUNERAL EXPENSES:
I direct that all my just debts and funeral expenses appropriate to my station in life and custom
of living (including appropriate monument or marker for my grave) be paid as soon after my
demise as may be convenient.
ITEM 07. ADMINISTRATION EXPENSES:
I direct that all of the expenses of the administration of my Estate including, but not limited to,
probate and other Court fees and reasonable commission for my Personal Representative and
any attorney retained by my Personal Representative, be paid as such expenses are incurred
and as soon after my demise as may be convenient.
ITEM 08. PAYMENT OF TAXES:
I direct my Personal Representative to pay all inheritance, estate, succession and legacy taxes
of whatsoever nature and kind, to which my Estate or any person receiving the transfer of any
property passing hereunder or otherwise passing by reason of my demise, may be subject and
to charge such taxes against my Residuary Estate, it being my intention that none of the
aforesaid taxes, either federal or state, or any property required to be included in my gross
estate, under the provisions of any state or federal law now in force or hereafter enacted, shall
be prorated among the persons interested in my Estate to whom such property is or may be
transferred or to whom any benefit accrues.
ITEM 09. TANGIBLE PERSONAL PROPERTY:
I give and bequeath all tangible personal property owned by me at my death and all insurance
policies on such property as follows:
A. Memorandum: To those individuals who survive me and who are designated on a list,
memorandum, or Bequest of Personalty form signed by me which refers to my Will or
is found with a copy thereof, I give and bequeath the items listed beside his/her name.
B. Remainder Distribution: The balance (including any items to be distributed under this
Item, the bequest of which has lapsed) shall become part of my Residuary Estate and
distributed to the beneficiaries and in the proportions herein provided.
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MARIE A. BECHTEL
{SEAL}
Page 3
MARIE A. BECHTEL
FILE NO 05-04-W
C. Method of Distribution: My Personal Representative shall have the right to dispose
of said remaining items of personalty set forth in subparagraph B. of this Item, either in
kind or in cash as a result of liquidation thereof as my Personal Representative, in my
Personal Representative's sole discretion, deems appropriate under the circumstances.
It is my intent, however, that should any beneficiary of my Residuary Estate desire to
receive a particular item in kind which was not specifically bequeathed to that
beneficiary, to the extent reasonably possible, my Personal Representative shall
attempt, but not be obligated, to follow that beneficiary's request.
D. Safekeeping: If any beneficiary of any item of tangible personal property aforesaid has
not yet attained the age of eighteen (18) at the time of my death, I direct that my
Personal Representative, hereinafter named, to hold said items in safekeeping for that
beneficiary and to deliver the same to that beneficiary upon he or she reaching age
eighteen (18), or at such earlier age if my Personal Representative deems the
beneficiary to be of appropriate age and maturity to receive said items of personalty.
For these purposes my Personal Representative shall be entitled to use or set aside
from my Estate sufficient funds to provide for that safekeeping.
ITEM 10. RESIDUARY ESTATE:
I give, devise and bequeath my Residuary Estate to Michael Bechtel, Toni Bechtel, Wendy,
Bechtel and Gordon Neely in equal shares per capita.
ITEM 11. TRUST PROVISIONS:
In the event any beneficiary herein has not then reached the age of eighteen (18), that
beneficiary's share shall be held by my Trustee in trust for the following uses and purposes and
subject to the following terms and conditions:
A. Separate Account: I direct my Trustee to maintain a separate account for each
beneficiary for the property bequeathed and devised to that beneficiary.
B. Management and Distributions: My Trustee shall have, hold, manage, invest and
reinvest the principal of the trust for each beneficiary, and during the continued
existence of the trust, pay to or for each beneficiary's benefit, so much of the net
income and so much of the principal of the beneficiary's trust as, my Trustee, in his/her
sole discretion, may deem necessary, proper and/or appropriate to maintain the
beneficiary in the property station in life, including, but not limited by way of
specification, payment of expenses for proper support, maintenance, room and board,
education, medical, hospital, dental, optical, and psychological/psychiatric care. Any
unused income shall be accumulated.
C. Distribution Amount-Other Considerations: The amount to be paid for the benefit
of the beneficiary shall be determined by my Trustee, in his/her sole discretion, and
from time to time, after consideration of the beneficiary's needs, other income and
assets, including any income payable for the benefit of the beneficiary from other
sources, including but not limited to, other trusts, social security benefits and/or other
governmental benefits.
D. Distribution-Person or Institution: The said payments may be made, as my Trustee
deems appropriate, directly to the beneficiary if the beneficiary is, in the sole opinion of
my Trustee, of an age and ability to handle the funds so paid; or directly to the person
WITNESS:
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MARIE A. BECHTEL
{SEAL}
Page 4
MARIE A. BECHTEL
FILE NO 05-04- vi
having custody and care of the beneficiary; or directly to any institution entitled to such
payment by reason of services rendered or to be rendered to the beneficiary.
E. Termination of Trust and Final Distribution: When the beneficiary reaches age
eighteen (18), the then remaining assets, principal and any accumulated or
undistributed income of the beneficiary's trust shall be distributed to the beneficiary
outright and absolutely.
F. Immediate Distribution: If, at the establishment of the trust, the beneficiary has
already attained an age at which a distribution would have been made, the portion
which would have been distributed at such prior age shall be paid to him/her
immediately.
G. Termination of Trust Due to Death of Beneficiary Before Final Distribution: If the
beneficiary should die before final distribution of the assets of the beneficiary's trust,
then the proceeds of the beneficiary's trust shall be distributed amongst the then
surviving beneficiaries of my Residuary Estate, in the proportions therein provided,
subject to the terms and conditions of this Trust, if then applicable.
H. No Alienation: No part of the income or principal of the property held under the trust
established hereunder shall be subject to attachment, levy or seizure by any creditor,
spouse, assignee, trustee or receiver in bankruptcy of any beneficiary prior to his/her
actual receipt thereof. My Trustee shall pay over the net income and the principal to the
parties herein designated, as their interests may appear, without regard to any
attempted anticipation, alienation, assignment, attachment, and pledge, and without
regard to any claim thereto or any attempted levy, attachment, seizure or other process
against the beneficiary.
I. Termination of Trust Due to Size: Should the principal of the Trust herein provided
for be or become too small in my Trustee's discretion so as to make establishment or
continuance of the trust inadvisable, my Trustee or Personal Representative may make
immediate distribution of the then-remaining assets, principal and any accumulated or
undistributed income outright to the person or persons and in the proportions they are
entitled, and if any such person is a minor then to the Guardian of the Person of that
minor beneficiary.
ITEM 12. NO BONDING REQUIREMENT:
I direct that my Personal Representative, my Guardian of Minor's Property and my Trustee,
or their successors, 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 3/~ay of 7lJ:(/r.~~
2004.
WITNESS:
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MARIE A. BECHTEL
{SEAL}
Page 5
MARIE A. BECHTEL
FILE NO 05-04-W
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
We, MARIE A. BECHTEL, Diane G. Radcliff, Esquire, and ~hr~ K. Fti'-l&-y
the Testatrix and the witnesses respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix
signed and executed the instrument as Testatrix's Last Will and Testament and that Testatrix had
signed willingly (or willingly directed another to sign for the Testatrix), and that Testatrix executed
it as Testatrix's 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 witnesses and that to
the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound
mind and under no constraint or undue influence.
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MARIE A. BECHTEL
{SEAL}
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Sworn to and subscribed to
before me this0/..u day
of /7?;:u~
,2004.
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. NOTARY PUBLIC .
My Commission Expires:
Page 6
MARIE A. BECH:rEL
FILE NO 05-04- W
. .
BEQUEST OF PERSONAL TV
Pursuant to the terms of ITEM 09 of my Last Will and Testament dated
,2004, I, MARIE A. BECHTEL, hereby give and bequeath the following
items of personal property to the person or persons whose names appear next to each said item
of personalty, to the extent that I own said items as of the date of my death:
These bequests supersede, replace and revoke all prior bequests of personalty.
IN WITNESS WHEREOF, I have set my hand and seal this
day of
20
WITNESS:
{SEAL}
MARIE A. BECHTEL
Page 1
MARIE A. BECHTEL
FILE NO 05-04-W
. .
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
We, MARIE A. BECHTEL,
and
the Testatrix and the witnesses respectfully, whose names are signed to the attached orforegoing
Bequest of Personalty, do hereby declare to the undersigned authority that the Testatrix signed
and executed the instrument as Testatrix's Bequest of Personalty and that Testatrix had signed
willingly (or willingly directed another to sign for Testatrix) and that Testatrix executed it as
Testatrix's 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 witnesses and that to
the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound
mind and under no constraint or undue influence.
{SEAL}
MARIE A. BECHTEL
WITNESS
WITNESS
Sworn to and subscribed to
before me this _ day of
,20_.
Notary Public
My Commission Expires:
Page 2
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ill' is [I) certify that the information here given is correctly copied from an original certificate of death duly filed with me as
ll;tI Rt'gist.rar. The original certificate will be forwarded to the State Vital Records Office for permancnt"filing,
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fce for this certificate, $6,{)()
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
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L1,t only O~ tau.. on ..eh IIn. : interval between
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Other significant conditions contributing 10 death, but
not resulling'" the underlying caU$8 given In PART I
Sequentially list canaillons
if any, leading 10 immediate
cause. Enter UNDERLYING
CAUSe (Diseas8 or injury
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resulting on dealh ) LAST
WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAILABLE PRtOR TO
COMPLETION OF CAUSE
OF DEATH?
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DUE TO iOR AS A CONSEaUENCE Of):
MANNER OF DEATH
DATE OF INJURY
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29.
.PRONOUNCING AND CERTIFYING PHYSICIAN (Physician both pronouncing death and certifying to cause of death)
To the b..t of my knowledge, d..lh occuned at the lime, dale, and place, and clue 10 the cau...(.) and manner a. .tated....
eMEOICAL EXAMINER/CORONER
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REGIST
TIME OF INJURY
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Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of M hit/ E
also known as
A. !3l-cHTcL No. ~ \ - ~~ - ~ \1.\ '\
To:
, Deceased.
Social Security No. /8"t; ~;? ~. bo< 6Lf
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner( s), who is/are 18 years of age or older, and the execut~ named in the last will of the
above decedent, dated .3 /3 / D f ' 20 D J/..
and codicil( s) dated ' I
(state relevant circumstances, e,g. renunciation, death of executor, etc.)
Decedent was domiciled at death in C. U M n E~ It It ND
Pennsylvania, with h_last family or principal residence at
{,OUN"TIX'f- fL1 E14oC)w.s L/k3'7 t~_ rl!./Iv'o)..{== "d
(hst street, number and mUillclpahty)
County,
t1ES~4f?f./. 17o,SV
Decedent, then il years of age, died .!). / 7 ,20 Ob, at CtJUPTf<.'( M ElffX)(V-?
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after
execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
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$
$
$
$
WHEREFORE, petitioner(s) respectfullyrequest(s) the probate of the last will and codicil(s) presented
herewith and the grant ofletters
(testamentary; administration c.t.a.; administration d.b.n,c.t.a,)
thereon.
-==~...) ofPetitioner(s)
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Residence( s) of Petitioner( s)
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
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SS:
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and
correct to the best of the know ledge and belief of petitioner( s) and that as personal representative( s) of the above
decedent petitioner(s) will well and truly administer the estate accor~ding to w. ()
Sworn to or affirmed and subscribed {': _ .L ~
Before me this " -:s ~'" day of ~ ~
~~""'('-.l..~'<\S\ , 20 ~~ ~
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Regiller ~
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Estate of V\~\;.~,.\E. ~. '\)E.\:\~i~\ Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW "" -00 '\ "'~, "'\ '\ ~ , 20'J\ in consideration of the petition on the reverse side
hereof, satisfactory proof having b&n presented before me, IT IS DECREED that the instrument(s), dated
.~ _ "3 '\ - ~ ,--\ , described therein be admitted to probate filed of record as the last will of
'I!'\~,,"\~ ~ . Q,<::::c ~~I... ; and Letters are hereby granted to S~Y\'\:l'\:_l.... \1', ~~~t. ~
FEES
Probate, Letters, Etc. ............. $
Will ................................. $
Renunciation....................... $
Short Certificates ( ).. . .. .. .. . .. $
JCP.................................. $
Automation Fee................... $
Bond................................. $
Total $
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Attorney (Sup. Ct. lb. No.)
Address
Filed
20
Phone