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Home My WebLink About07-11-06 Register of Wills of Cumberland County Estate of FRANKLIN D. WERT, SR. also known as FRANKLIN D. WERT PETITION FOR PROBATE and GRANT OF LETTERS No. 21-06- l D I~ To: , Deceased. Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 170-10-0927 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut OR named in the last will of the above decedent, dated NOVEMBER 9 , 20 1999 and codicil(s) dated FEBRUARY 16 2001 AND DAVID K WERT NAMED CO-EXECUTOR UNDER THE DECEDENTS SAID WILL PREDECEASED THE DECEDENT (state relevant circumstances, e.g. renunciation, death of executor, etc.) r_ ... C'_) ~', Decedent was domiciled at death in HAMPDEN TOWNSHIP, CUMBERLAND Pennsylvania, with h~last family or principal residence at 5511 SILVER CREEK DR., (HAMPDEN TWP.) MECHANICSBURG, PA 17050 (list street, number and municipality) Coun!y.2.. " Decedent, then ~ years of age, died JUNE, 24 , 20~, at HOLY SPIRIT HOSPITAL ;; 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: U ; Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 378,000 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ 150,000 situated as follows: 5511 SILVER CREEK DR.. MECHANICSBURG (HAMPDEN TWP.). PA 17050 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant oflettersTESTAMENTARY (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) Residence(s) of Petitioner(s) 645 SAWMILL RD., MECHANICSBURG, PA 17055 Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA } 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 knowledge and belief of petitioner(s) and that as personal representative( s) of the above decedent petitioner(s) will well and truly administer the estate according t~o law. 1;1' / -; . /1,\ cL' / ay of { Z:;~:. (~'je/} ',/ /~. (k · T~q Regis er j2hi!1!:fr4J/O:Lh'-j /~ No. 21-06- CIl ~. OJ 2 .... :€ Estate of FRANKLIN D. WERT, SR. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW THIS I r\--....DA Y OF JULY 2006, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated NOV 9, 1999 and FEB 16, 2001 , described therein be admitted to probate filed of record as the last will of FRANKLIN D. WERT, SR. ; and Letters are hereby granted to FRANKLIN D. WERT, JR. FEES Probate, Letters, Etc. ............. Will............................ ..... $ 4~l) .00 $ IS- .()t) ~~ ~O ,G::::> \D.00 5"".ou 1-:;-, cD 5~'5 . ()~ . ~t\&n,~LU\ D. ~b~ ~~ ~,-<} ~Q Register of Wills ' - THOMAS E. FLOWER (ID #83993~tU~ ~ Attorney (Sup. Ct. I.D. No.) SAIDIS, FLOWER & LINDSAY 2109 MARKET ST., CAMP Hill, PA 17011 Address Renunciation...................... ~ Short Certificates ( )............ $ JCP.................................. $ Automation Fee................... $ B6tt6.0:i\'.I~!.~........ ......... $ , ~ Total $ ~riledpt5 H 20ffi.. (717) 737-3405 Phone r " 'I hi' i~, [0 certify that the information here given is correctly copied from an original certificate of death duly filed with me as (,)ct! 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. No. /7 -~-"''//'''/~' {.,bn/r~ I~( I/~ ' Local Registrar Fee for this certificate, $6.00 p 12624901 JUN 2 2006 Date V.02/2000 UNTIN 'ENT INK 1, Name of Decedent (Firs!. middle. last, suffix) 02 J - 0\..0- l.o l3 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH . VITAL RECORDS CERTIFICATE OF DEATH r'~. ".. . ~ C': v" 6. Date of Birth Month, da . STATE FILE NUMBER 4 Date of Dealh (Month. day, year) ::Su,~ 2..C 7--u (-) ~ Franklin D. Wert 5 Age (Last Birthday) 94 August 3,1911 o Res"eo," 0 O~". Specdy 10. Race: Amelican Indian. Black, White, etc (Specify) Whi te Bb. County 01 Death Cumberland 11 Decedenrs Usual Occu alion Kindofworlcdooeduri moslofworki MIe,Donotstaterelired Kind 01 Work iofBUsiqess/lnOOslry Chief Engineer Bel TeLephone 16. Decedenrs Mailing Address (Slreel. city ftown, slate, zip code) 5511 Silver Creek Drive Mechanicsburg,Pa 17050 18. Father's Name (First. middle, last suffix) Elhanan U. Wert 14. Marital Slatus: Married, Never Married, Widowed, o;,orced (Speedy) Widowed Decedent's Actual Residence 17 a. Stale 17b Couo~ Pa Cumberland Did Decadent Live in a Township? He. []( Yes. Decedenl Lived In 17d 0 ~= Jiyed within Hamooen Twp City/Born 19, Mothers Name [First. middle. maiden surname) Elizabeth Millen 203. Informanrs N~ (Type I Print) F.Dou las Wert Jr 21a.~ofDisposkion l.3 Burl" 0 Ramo'" from Slete o Othe< . Speedy. 2OtI. Informanl's Mailing Address (Slreel, city flown. slaIe, zip rode) 645 Sawmill Road Mechanicsbur 21b. Dale of Disposition (Month, day. year) 21c. Place of Disposilion (Name of cemetery, cremalory or other place) Mechanicsbur Pa Funeral Items 24-26 must be completed by person who pronounces death 24, Time of Death -c\.<~ CAUSE OF DEATH (See instructions and example.) Item 27 PART I. Entef!he c!larLo~ . diseases. Injuries, or complicabons - thai directly caused the death. 00 NOT enter terminal events such as cardi~ SlTesl respirat>ry arrest, or ventricular fibf~lation withoul sOOwing!he etiology. List only one cause on each line P f\J &'V'vv\. '" N ( 4- Due to (or as a consequence of) o Yes o No : Approximale interval : Onsello Death Part II: Enlef other sillnfficanl caxlnions conbibutina to deatb, but not resuning in the und9l1ying cause given in Part I 28, Did Tobacco Use Contribute to Death? o Yes 0 Prob'., ,.(3-i'lo OUokoowo 29, I!Female o Not pregnant within pasl year o Pregnanl at time of death o Nol pregnant. but pregnant within 42 days of death o Not pregnant but pregnant 43 days 10 1 year oldealh o Unknown if p,'"egnant within the past year 32c. Place of Injury: Home, Farm, Street. Factory, Olfic:eBuilding,elc, /Specify) =~~1~7~~:~~; d:~ d~~ i:1uenlialy list condilions~ if any, ~nlef1:~~~": C%~'E (disease or injury that initiated the evenls resulling '" death) LAST. Due 10 (or as a consequence of) Due 10 (or as a coosequence of) 321, If Transportaliofllnjury (SpecifyJ o Driver / Operalor 0 Passenger 0 Pedestrian M 0 Other . Specify 33a. Certifier (check only one) 33b, Signature and Tillefi' t::' _. Certifying physklln (Physician certifying cause of death when another physician has pronounced death and completed Item 23) ..... /G1!--U'1.J?"4 To the best of my knowledge, death occurred due to the cau'-l') end manner lI.tateg_ _ _.. _ _ _.. _ .. _ _ _ .... .. _ _ _.. _ _ _ _ .. .... .. .... _ .. _ ..D III""" Pronouncing .nd certifying physician (Physician both pronouncing dealh and certifyiJlQ to cause of death) 33c, License Number To 11M boot '" my kllOwlodge, dHlh occurred" 11M tIm., _,.1Id pl.... and dUllo lhe Cluso(.J and man.... II ....!do 0 0 0 000 - - - 0 - 0 0 0 00_ ...0 V\t\ 'I) 0 G C-.( ':}- '1 q "'t- ~:~:.":'''::~~= and I or investigation, in my opinion, death occurred at the lime, date, and place, and due to thl ClUse(.) and manner lI.tat,q.....D OVes ONO o Nelural 0 Homicide 0-, 0 _""10""09_ o Su_ 0 Cou~ No' be De_ioad 32b. Describe How Injury Occurred 3Oa. Was an Autopsy Perlonned' JOb. Were Aulopsy Findings Available PriOl" kl Complelion of Cause 01 Death? 31. MannerofDealh o Ve. 0 No 32d, Time of Injury 32g. Localion of Injury (Streel. cily flown. state) I~/I~/I/I 34, Name and....cktress ~Person ~ C. ompleted Cause of Death (Item 27) Type I Prinl POL +H-c k- /<Ct ~<1t <;O~ ~ Y. .) . ! Iv 1,-. ~ I h r iI-~ S' )1 'WLj, (a-t' ;'Uf (See instructions and examples on reverse) t'VI f) 33d, Date Signed (Month. day. )'ear) MlUre eod o.ffl."~ /'.( I C.-i0.:tc./t1y'7.<e_. 36. Date Filed (Month, day, year) -=<'t1t1 C fJ/~ /7011 1East llIill anb Weglattttnl OF ("<- ,) c;:;) 1',.;1 FRANKLIN D. WERT, SR. I, FRANKLIN D. WERT, JR., of Camp Hill, Cumberland County, Pennsylv.ania, .....) declare this to be my Last Will and Testament, and revoke any and all Wills and CoCllcils made by me. ITEM I: I direct that all my just debts and funeral expenses, including my grave marker and all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease, as a part of the expense of administration of my estate. ITEM II: I give my household and personal effects and other tangible personal property of like nature to my wife, MILDRED S. WERT, if she survives me, together with all insurance policies thereon, if any. If my wife, MILDRED S. WERT does not survive me, I give such property to those of my children who survive me, in approximately equal shares. In the event of any disagreement among my children with regard to any such assets, all such disagreements shall be conclusively resolved by my Co-Executors or Executor. ITEM III: If my wife, MILDRED S. WERT, survives me by thirty (30) days, I give, devise and bequeath to my Trustee, hereinafter named, to be held IN TRUST, during the life of my said wife, MILDRED S. WERT, a sum equal to the maximum dollar amount, if any, which can then pass free of federal estate tax in my estate by reason of the unified credit against federal estate tax allowable to my estate on the date of my death (the "credit shelter amount"), reduced by the aggregate of (1) all items includable in my estate for federal estate tax purposes which either are disposed of in previous articles of this Will or pass outside of this Will but only if such items do not qualify for the federal estate tax marital deduction or the federal estate tax charitable deduction, and (2) the amount of any administration expenses claimed as income tax rather than estate tax deductions and (3) the amount of any state death taxes payable by my estate. This Trust shall be referred to and known as my Credit Shelter Trust. The aforementioned sum shall be held for the following uses and purposes: annually. A. To pay the income to her in convenient installments, at least quarter- B. The Trustee may apply the net income of this Trust for the benefit of my said wife should she by reason of age or illness be incapable of disbursing it. c. As much of t~e principal of this Trust as the Trustee, in its sole and absolute discretion may from time to time think advisable for the support of my wife to maintain her in the station of life to which she is accustomed at my death and after taking into consideration her other readily available assets and sources of income or during illness or emergency, may be either paid to her or applied directly for her. D. Upon the death of my wife, MILDRED S. WERT, the then-remaining principal and any accumulated or undistributed income shall be distributed as follows: 1. The sum ofTen Thousand ($10,000.00) Dollars to my sister-in- law, JOAN K. WOODBRIDGE. Should she die prior to receiving this bequest, I direct said sum to be paid to her children, in equal shares, JOHN WOODBRIDGE, STEVEN/STEPHEN WOODBRIDGE, MICHAEL WOODBRIDGE, KENNETH WOODBRIDGE, JOANNE WOODBRIDGE and GREGORY WOODBRIDGE. 2 2. The balance in equal shares among my six (6) children, FRANKLIN D. WERT, JR., CAROL M. SMITH, DAVID K. WERT, BARBARA J. HAGUE, DONALD R. WERT, and DEBORAH K. EMIG, or their issue, per stirpes, provided that if any beneficiary entitled to distribution shall then be under age twenty-two (22), the share of such beneficiary shall be held by the Trustee, in further separate Trust, for the following uses and purposes: a. If the beneficiary is under age eighteen (18), to expend and apply so much of the net income (any income not expended or applied to be accumulated and added to principal) and so much of the principal of each Trust as the Trustee, after consultation with the guardian of said beneficiary, shall consider advisable for the support, maintenance and education (including college education, both graduate and undergraduate). b. After the beneficiary attains the age of eighteen (18), thereafter to pay to such beneficiary the net income together with so much of the principal thereof as Trustee shall consider advisable for the support and education (including college education, both graduate and undergraduate) of such beneficiary, after taking into consideration his other readily available assets and sources of income. c. Up to the entire balance of principal and undistributed income, of the then-remaining share of such beneficiary shall be. distributed to that beneficiary at or after age twenty-two (22). Distribution at or after this stated age shall be made only in the event the beneficiary requests such distribution by a writing intended to take effect during his lifetime, executed by him upon or after attaining age twenty-two (22) and delivered to my Trustee. d. If any Trust beneficiary shall die before receiving final distribution of his entire share, the undistributed balance shall be distributed to the beneficiary he names specifically in his Will, referring to this Trust. Should said beneficiary die without a Will provision specifically referring to this Trust, then his share shall be paid to his heirs at law. e. In the event that any of my children predecease me, leaving no issue surviving, then whatever gift or bequest would have passed to such child shall be distributed to my surviving children, or their issue, per stirpes. E. I direct that my Co-Executors and their successors shall not elect that this Trust be included in my wife's estate as a part of the marital deduction. 3 ITEM IV: It is my expectation that my wife shall have established a revocable Trust appointing my sons, DAVID K. WERT and FRANKLIN D. WERT, JR., as Trustees, and paying the income to her for life. If such a revocable Trust exists as of the date of my death, I give, devise and bequeath the rest, residue and remainder of my estate of every nature and wherever situate to said Trustees, DAVID K. WERT and FRANKLIN D. WERT, JR., for the benefit, nevertheless of my wife, MILDRED 5. WERT. Should she not have established such a Trust, or should she have revoked it prior to the time this bequest takes effect, I give, devise and bequeath the rest, residue and remainder of my estate of every nature and wheresoever situate outright to my wife, MARGARET 5. WERT. ITEM V: Should my wife, MILDRED 5. WERT, fail to survive me by thirty (30) days, I give, devise and bequeath the rest, residue and remainder of my estate of every nature and wheresoever situate to FRANKLIN D. WERT, JR., CAROL M. SMITH, DAVID K. WERT, BARBARA J. HAGUE, DONALD R. WERT and DEBRA K. WERT, or their issues, per stirpes, provided that. if any beneficiary entitled to distribution shall then be under age 22 years, the share of such beneficiary shall be held by the Trustee, in accordance with the terms set forth in Item III, 0, 2, above. ITEM VI: If my wife, MILDRED 5. WERT, makes a qualified disclaimer (as defined in Section 2518 of the Internal Revenue Code, as amended) with respect to all or any portion of the interest in property given to her under any provision of my Will, I give such disclaimed property interests to the Trustee of my Credit Shelter Trust, IN TRUST, 4 for the benefit of my said wife during her lifetime with the balance of the principal and interest passing in conformity with the terms of Item 111-0-2 hereof. ITEM VII: My Co-Executors, Co-Trustees, and their successors shall have the following powers in addition to those vested in them by law and by other provisions of my Will, applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. To borrow money from any person or institution, including my fiduciary and to mortgage or pledge any or all real or personal property as they in their sole discretion shall choose, without regard for the dispositive provisions of this instrument, except that no property passing to the marital deduction share shall be so mortgaged or pledged. B. To reasonably compromise claims asserted by or against my estate. C. To join with my husband in filing a joint income tax return without requiring him to indemnify my estate against liability for the tax attributable to his income, and to consent to any gifts made by my husband being treated as having been made one-half by me for the purpose of federal laws relating to gift tax. O. To retain any or all of the assets of my estate, real or personal, without regard to any principle of diversification or risk. E. To sell at public sale, to exchange, or to lease for any period of time, any real or personal property and to give option for sales, exchanges, or leases, for such prices and upon such terms or conditions, as they deem proper. F. To make loans to, to sell to, and to buy property from my or my husband's executor or administrator or my Trustee. This shall not be construed as a command to exercise these powers under any circumstances. All sums payable to the Trust established in Item VI hereof from whatever source shall be utilized for such loans or to purchase assets from my Co-Executors at final federal estate tax values. 5 G. To exercise any law-given option to pay death taxes in installments, the payment of interest due on such installments to be a charge against principal of my Credit Shelter Trust. H. Notwithstanding any power granted expressly or impliedly herein, such shall be void and of no effect as to the marital gift if such would either eliminate said gift or reduce it below that elected by my Executor. ITEM VIII: All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligation to the beneficiaries and any of them, and shall not be subject to any execution, attachment, levy or sequestration or other claims of the creditors of said beneficiaries or any of them. ITEM IX: All federal, state and other death taxes payable because of my death, with respect to the property passing under this Will and forming my gross estate for tax purposes, including any interest or penalty imposed in connection with such tax, shall be paid out of the non-marital residue of my estate, if any. Any such tax, including interest or penalty imposed, due by virtue of taxable property forming my gross estate, passing under this Will shall be paid directly from such property and shall not be paid out of the marital or charitable deduction share of my estate. It is my specific command and intent herein that no property forming part of the marital or charitable deduction share of my estate be utilized to payor be reduced by any federal estate or Pennsylvania (or other state) inheritance or estate taxes. ITEM X: I appoint my sons, DAVID K. WERT and FRANKLIN D. WERT, JR., to serve as Co-Trustees under this Will. Should either of my sons, DAVID K. WERT and 6 FRANKLIN D. WERT, JR., fail to qualify or cease to act as Co-Trustees, I appoint my daughter, DEBORAH K. EMIG, as successor Co-Trustee of this my Last Will and Testament. Should both of my remaining son and my daughter, DEBORAH K. EMIG, fail to qualify or cease to act as Trustee, I appoint FIRST UNION NATIONAL BANK, to serve as successor Trustee under this Will. I direct that a majority of my then-surviving children shall have the right to remove FIRST UNION NATIONAL BANK as fiduciary and appoint a successor corporate fiduciary. ITEM XI: I direct that no Executor, Trustee or their successors serving hereunder be required to post bond or enter security in any jurisdiction. ITEM XII: I appoint my sons, DAVID K. WERT and FRANKLIN D. WERT, JR., or the survivor of them, as Co-Executors of this my Last Will and Testament. Should both my Co-Executors, DAVID K. WERT and FRANKLIN D. WERT, JR., fail to qualify or cease to act as Co-Executors, I appoint my daughter, DEBORAH K. EMIG, as Executrix of this my Last Will and Testament. ITEM XIII: As Guardian of any property which passes under or outside of my Will to a minor and with respect to which I am authorized to appoint a Guardian and have not specifically done so outside of my Will, I appoint my sons, DAVID K. WERT and FRANKLIN D. WERT, JR., or the survivor of them. 7 ITEM XIV: All references herein to the singular or the masculine shall include the plural or the feminine respectively, where appropriate throughout this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /V'ro ~ tu"J 914 day of ,1999. J: 'c/(-1~;- / A:::L~v '- 2f-j/b?J^G-h- Franklin D. Wert, Sr. SIGNED, SEALED, PUBLISHED and DECLARED in the presence of: J C~ ~da- Ck--~. y 8 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, FRANKLIN D. WERT, SR, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; 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 acknowledged before me, by FRANKLIN D. WERT, SR., the Testator, this q bh daY~ryu..c .~ { ('--. ,,1999. (;jtLb),-~h~'l ..h-);/~ Franklin D. Wert, Sr., Testator "- NOTNIAL MERlENE J. MAAHINKA. NOrMY PUaJc J CARUSl.E. CUM8ErI.AND COUNTY. -; ..,y COMMISSION !XPIAES · itA "c JUNI!!" IDOl 9 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, James D. Flower. Jr. and Linda Jumper , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will; that he signed willingly and that he executed 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 Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. and Sworn or affirmed to and subscribed to before me by James D. Flower, Jr. Linda Jumper this q ~ daY~-'=f /,be TJLfJ-I ~"L 1999. ~/ ,~d:Z ~;'~ Wi ess ; l. {/ ,~ // NOTAAIAL 8I!AL . ':~ALENE J. MAAHEVKA. NOTARY PUBLIC (;ARUSI..E. CUMBauNo COUNTY, PA 10('( COMMI88lON EXPIFIE8 JUNe 8.1002 10 Wert, Franklin D. Sr; Codicil for Franklin CODICIL TO THE LAST WILL AND TESTAMENT ' OF FRANKLIN D. WERT, SR. . I I, FRANKLIN D. WERT, SR., of Camp Hill, Cumberland County, Pennsylvania, declare this to be the First Codicil to my Last Will and Testament, dated November 9, 1999. ITEM I: This Codicil to my Will is prepared to adjust the shares of my residuary estate to take into account an advancement made to our son, DONALD R. WERT. This advancement and the adjustment described herein should be applicable whether my spouse predeceases me and my children inherit directly through my estate, or whether they inherit as residuary beneficiaries under any Trust I have established in my Will. Our son, DONALD R. WERT, made certain investments on our behalf with our funds, but in his name, in 1986 in Fairmont Associates Limited Partnership in the form of a loan. The loan was converted to stock in Integrated Health Services and then sold on January 24, 1992. Our initial investment was $25,000.00. However, when SAlOIS SHUFF, FLOWER & LINDSEY the investment was sold it yielded $69,103.00, for a gain of $44,103.00, on which it is AlTORNEYS.AT.LA W 26 W. High Street Carlisle, PA estimated that he would have paid tax at 30.8%, or $13,583.74. Consequently, the amount that he held at that time on our behalf was $55,519.00. This investment was commingled in Donald's portfolio with the intent of returning the investment when a Wert, Franklin D. Sr.; Codicil for Franklin targeted asset was sold. However, in the meantime, he paid tax on the initial investment and has reported any earnings in his name from the date of the sale forward. Rather than reclaim the investment, we gifted it to him. We gifted $20,000.00 at the end of 1991, and $20,000.00 at the end of January of 1992, and the remainder in 1993. My spouse and I each gifted one-half of the total gift to him each year. Since we have made no such significant gifts to any of our other children, and in order that disbursement of our final estate be made in an equal fashion among all of our children, it is our desire to value the advancement by assuming that it would have increased in value by a rate of 6.5% compounded annually. For the purposes of this computation, the amount initially to bear interest shall be $55,519.00, and the date from which it shall be assumed to have increased in value in such fashion will be February 1, 1992. The resulting amount shall be considered to be an advancement, and each of our children shall received the same amount from either my residuary estate, or from the residuary of any Trust created under my Will prior to division of the remaining residuary which shall be paid equally to all of our children, including DONALD R. WERT. We arrived at the interest rate of 6.5% considering that it is high enough to be fair to our SAID IS SHUFF, FLOWER & LINDSEY other children, but significantly lower than Donald would have paid for a commercial business loan. The lower interest rate partially reflects the family nature of this AlTORNEYS.AT.LA W 26 W. High Street Carlisle, PA transaction, and the value of Donald's advice on the investment to us. 2 Wert, Franklin D, Sr.; Codicil for Franklin Although this language also appears in my spouse's Codicil, we do not want the advancement to be duplicated, but wish for the adjustment to take place only once. ITEM II: In all other respects, I hereby ratify, confirm and republish my Last Will and Testament dated November 9, 1999, together with this First Codicil, as and for my Last Will. day of IN WITNESS WHEREOF, I have hereunto set my hand and seal this jJd( /*' ) r.Li:L?f~~.A~ ,2001. ?/ L~:k44-vk_~'L-h )/J~ Franklin D. Wert, Sr. SIGNED, SEALED, PUBLISHED and DECLARED in the presence of: \.) SAlOIS SHUFF, FLOWER & LINDSEY ATfORNEYSoAToLA W 26 W. High Street Carlisle, P A 3 Wert, Franklin D. Sr.; Codicil for Franklin COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, FRANKLIN D. WERT, SR., Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a First Codicil to my Last Will; 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 acknowledged before me, by FRANKLIN D. WERT, SR., the Testator, this -----1l ~ day of ~'U...u).J"" j.... ,2001, at C OJLlvl...Lt , Pennsylvania. 0 ~U2/)-z-kL2t':k.. ~; )/)A:~r~_-& Franklin D. Wert, Sr., Testator L SAIDIS SHUFF, FLOWER & LINDSEY NOTARIAL. 8EAL. MERLENE J. MAAHEVKA. NOTARY PUBLIC CARUSLE, ctJM8EAL.AND COUNTY, PA MY COMMISSION EXPIRES JUNE 8.2001 A TfORNEYS. A r. LA W 26 W. High Street Carlisle, PA 4 Wert, Franklin D. Sr.; Codicil for Franklin COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, James D. Flower, Jr. and Johnna J. Kopecky the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as a First Codicil to his Last Will; that he signed willingly and that he executed 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 Codicil as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by James D. Flower, Jr. and Johnna Jo Kopecky this ---' l D th day of ~~ ,2001. SAID IS SHUFF, FLOWER & LINDSEY AlTORNEYSoATo\.AW 26 W. High Street Carlisle. P A NOTARIAL. SEAL MERLENE J. MARHEVKA. HarN!fY PU8UC CARUSLE. CUM8EALAN) COUNTY. PA 5 MY CClMMI88lON EXPIFlE8 JUNE 8,1002