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Home My WebLink About10-31-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Victor F. Gartzke No. L~/ -6tIO&.. ()(,/S1 also known as , Deceased Social Security No. 399-14-6179 Petitioner(s), who is/are 1 B years of age or older, appty{ies) for: (COMPLETE "A" OR "B" BELOW:) ~ ?:,~'; CJI B. Grant of Letters of Administration -~-~; co (c.I.a., d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) c..n Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if and heirs: Name Relationshi Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal msidence at 423 Allendale Way, Camp Hill, PA 17011 (Lower Allen Township) Decedent, then~ years of age, died October 7,2006, at 423 Allendale Way, Camp Hill, PA 17011 (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property ................................................. $ (If not domiciled in PAl Personal property in Pennsylvania. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ (If not domiciled in PAl Personal property in County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ Value of real estate in Pennsylvania ............................................................ $ Total ............................................................................. $ Real Estate situated as follows: 698,600.00 698,600.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: Si nature //~.:" ,..-"'''' L ~---r--.:/' .. , t ./{...-z.~ ~ Lavon J. Gartzke 423 Allendale Way Cam Hill, PA 17011 Donna R. Cuff 720 Carriage Lane Mechanicsbur ,PA 17050 Form RW-1 Page 1 of 2 (Dauphin County. Rev. 9/92) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland ......, c:::> -.,.... C) = - r'i/l The Petitioner(s) above-named swear(s) and affirm(s) that the state~ijs in t~ for~~~g Petition are true and correct to the best of the knowledge and belief of Petitio~ffi') a~ th~t; ~~ personal representative(s) of the Decedent, Petitioner(s) will well and truly ad1)}~jiistffthe ,e:sWe d. t 1 --, ~:J::l" 11 accor lng 0 aw. . . '.~-':~O;:1 -,,.. '. - -::.-.D 4 / ~ . ", ,-_, ........ (-) ~K(id~i~/~ ~ Sworn to and affirmed and subscribed before me this JlJ/' (li~-^- Estate of Victor F. Gartzke day of 2006 DECREE OF REGISTER Deceased No. 6~'- 959 also known as Social Security No: 399-14-6179 Date of Death: October 7. 2006 AND NOW, L.2:bt:ef ....:)1 , 2006, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary 0 of Administration are hereby granted to (c.t.a.; d.b.n.c.t.; pendente lite; durante absentia; durante minoritate) Lavon J. Gartzke and Donna R. Cuff in the above estate and that the instrument(s), if any, dated described in the Petition be admitted to probate and filed of record a~ the last Will of Decedent. FEES I :! ! I . ~ r., I Letters........................... $ SID, . Short Certificate(s) ( )... Renunciation ( )............ Mfidavit ( ).................. Extra Pages ( )........... CodiciL................. '~',ij'; '/1 JCP Fee........................ Inventory & Tax Forms... Other...... ...d~~.k........ $ Lj DO $ $ $ $ /$00 I f5", G ,. $ / Q. 00 $ $ S; CO Attorney: J.D. No: Address: Elvse E. Roe:ers 41274 415 Fallowfield Rd. Suite 301 Camp HilL PA 17011 717-612-5801 TOTAL.......... ...... $ .!55? tJl> Telephone: DATE FILED: !l1'1" <,,:11" 1)1 \ Thi~ i~ to certifv that thL' information here given is correctly copied from an original certificate 01 death duly fikd with me as L',cal Registrar. The original certificate will he forwarded to the State Vital Records Office for pl:nnanent flling,OlP'~ WARNING: It is illegal to duplicate this copy by photostat or photograph. /C','=="',"III1"'i/--';"~,,, ."' "-11 OF p " ,IIIII\.\I-\.~_____ 'E,{:----__ Il'#-/ "Z.i1'~~ I~"~I ...~\~~ I~~/ ';- \"P~ I~ c::J;. .:-~ "~~ \~t.-'I", . "~)j_!.. ;..'~~ \, *~~.. ',,! I \"- "",. ... ,- " \.("".,..()~ ,-,/~/\ ~~- "I,fl~;-- ' (. ~~ II -~---__,;" ENT \\"011111' "'''''''h'h'NJlJJI t2wn- /J( %~U/7 Fcc' lor thi~ certificate. S6,OO Local Re~i~trar P 12839765 OCT 0 9 2006 No, [);ltc' COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH 1"..) c= (~ c;...... <3 w 2~ l REV, 0212006 ;IPR1NTIN ~MANENT A.CKINK c') . -~ CJl 1. Name of Decedent (First. middle, last. suffix) 12 $e, M ~-~ Social Security NlM'Tlber 14 Date of Dealh (Month, day, year) Victor Frederick Gartzke 9.9 -14 -6179 October 7, 2006 5 Age (lasl Birlhdayi Under I vear UIldef 1 dav 6. Date of Birth Month,dal. vear 17. Birtt1D1ace City and slate or foreian countrv) 8a. prace of Death Chedl: onl one 82 Y" I -.. I D.y. I Hoo," I """,.. r I Milwaukee , I Hospital rhel . 4-17-1924 WI O,np"",,, o ER I Ou~alienl o OOA 0 Nursing Home ::[]Residence o Olh" . Spec'~ Bb. County of Death Be City, Boro_ Twp. ofDealh 8d_ Facilily NMle (If nol institution. give streel and number) g. ~~~I~~~~~anK: Origin? fJ No Oy'" 110. Roce Ame",n Indian, Black, While. ele . Cumberland Camp Hill 423 Allendale Way (Spec'~1 White Mexican. Puerto Rican. etc.) 11. Decedenrs Usual Occupation Kind of won<. done durinQ most of workinQ ~fe_ Do 1'101 state retired 12_ Was Decedenl eyer in the 113. Decedent's Edocalion (Specify only highesl grade completed) 114 Malita'SlaI" Marriell N"el Married, k, S"N'"ng SPOO5o (II .;Ie, 9'" mao," name) Kind of Work I KindofBusiness/lnduslry U.S Armed Forces? r Elemenlary! Secorldary (0-12) I College (1-4 or 5+} 1 Widowed, Divorced (Specify) Owner/Manager Manufacturing IXIYes ONe 2 Married aVon Grotenhuis . 16. Decedent's Mailing Address (Slreet city I town. slale, zip code) Decedent's l7a. S'ale Pennsy 1 vania Did Decedenl 17cJD Yes, Decedent Lived In Allen 423 Actual Residence Uveina Lower Twp Allendale Way Township? 17d_D No,D~nILivedwilhir1 . Camp Hill Pennsvlvania l70H 17b.Coonty CumherlAnd Aciualllmllsof City/80w 18. Falher's Name (First middle. lasl, suffix) 19 Mothers Name (Firs!, middle, maiden surname) Victor A. Gartzke Margaret Richter 20a Informant's Name (Type I Print) --- 20b Informanl's Mailing Address (Street, city I town, slate, zip COde) LaVon Gartzke 423 Allendale Way, Camp Hill, Pennsylvania 17011 21a Melllod 01 Dlspositioo : ~ C,,",ahon 0 Donation 21b_ Dale of Disposition (Monlh, day, year) 21c. Place of Disposition (Name of cemelery, crematDIY or other place) I;" localiD' (C,~ /iown sI,'e z'p """I . Osunal o Removal from Slale 'Was emation or Donltion Authorized o 0,"", ' Spec'~' : by Medical Euminer 1 Coroner? []: Yes 0 No October 10, 2006 CrematioQ Society of PA Harrisburg, PA 17109 ~ : y:d~71t(;~ssuchl 122b llCenseN""be< 122c' N""eandAdd"ssoIFacil'~ Auer Memorial Home & Cremation Services, Inc. . 138453 4100 Jonestolo111 Rn"cJ ,. , ln~";" 1710Q Compl~ Items 2Ja.<; only when certifying 23a. To the best of my knowledge, death occurred at the time, dale and place staled. (Signature and title) 23b. licensetiumber r23c Dale S~ned {Month, day "'''I physi:ian is not available at time of dealh to certify cause of death . Ilems 24-26 must be compleled by person 24. Time of Death 125 Dale Pronounced Dead (Moolh, day, year) 26. Was Case Refj21 to Medical Examiner I Caroller for a Reason Oll1er than Cremalioo or Donation? ~ who pronounces deall1 7:00 a M October 7, 2006 o Yes No CAUSE OF DEATH (See instructions and examples) : Approximaleinlerval Part II: Enter other sionilicant condilions contributina to deattJ.. 28. Did TObac~se Conlnoole to Dealh? 11em27. PART I Enter the cllitin..DLe..~. diseaseS, In,unes, or comphcalions - Ihal directly caused !he death. 00 NOT enter terminal events slim as cardiac arrest : OnselloDeath but nor resulling in the underlying cause given in Part I DYes Probal)Jy respiratory arrest or ventricular fibrillalloo withoul showing the etiology_ Ust ooly one cause on each line OND o Unknown =~:'~u9~~Z~~;dise~ t- Opc:.- ~/2.... 29 If Female . o Nol pregnant wilhln pasl year Due to (Of as iI consequence of) ~~nlially lisl C?"ditions,_ If any. b , o Pregnaot allime 1)1 death ~nl:a: ~~:~~ ~~t~E Due to (or as a consequence of) o Nol pregnant, but pregnant within 42 days (disease or Injury lIlat initiated the , , of de at II . events resulting In death) LAST Due 10 (or as a consequence of) o Not pregnant. but pregnant 43 days to 1 year . : of death d o Unknown if pregnant within the past year 3Oa. Was an Autopsy n_ Were Autopsy Findings 31. Mannei' of Death 32a, Da~ ollni"'Y (Monlh, day, ",a<) /32b Desaibe How In~'Y Oocooed 32c_ Place of Injury: HOITM:, Fann. Slreet. Factory, Performed? Available Prior 10 GomPelioo jJ.I<.", o Hom<ide Office Buikting, etc. (Specify) of Cause of Dealh? "- ~ DYes .Jd1io o Yes )3'1<0 o Accidenl o Pending Investigation 32d. Time of Injury re Inl"'YaI Wcrk? 1321 IfT,ansp""I"" In~'Y (Specify) , 1329' location 01 Inj", (SI",\' "'y I town. slatel o Suicide o Could Nol be Oelennined - DYes 0 No ODriverJOperator o Passenger DPedeSlrian _ M, OOiheY,S"""ify. 33a. Certlfler (check only one) 33b. Signature and Tille 01 Certiner Co",fyIng physld.n (PhySician Cel'~in9 ""50 01 death when anoth" ph"<lan has pronounced de,th and completed lIem 23) -iU ~ ~"-~ To the best of my knowledge, death occurred due to the caule(11 and manner II IlIteji_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Pronouncing and certifying physician (Ptlysician bolh pronouncing death and certifying to cause of death) 33c. License Number U 133d Dale Signed (Mooth. day, year) To the besl of my knowJedge, death occurred at Ihe lime, date, and place, aod due to the cause(s) and manner as SIIIIc:L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _..D OSOeM?4,.... /0 .~ c"j-06 ~:.I~~m;::~~f~~t~~ Ind I or investigation, in my opinion, death occurred at the time, date, and pllce, .nd due to the cauM(s} and manner.a Itltf<!. _ ..D L 34 Namea,d Add"'SOI~Cff."~Wj\J~Fl:'''t5~b. 35_ RegiSlrar'j-'S~ilalureandDis~~ ~ /I~I/ 1/ I /36 ~;'777;;~ 890 f'CJ7? b... d~ /1e1 a:--,~ kLl' f~ I"'" l::t- ~ ,/',":>/"v,l - / /,:'ViM....~~ I '.., rr v STATE FILE NUMBER (See instructions and examples on reverse) ~ (/5"1 LAST WILL AND TESTAMENT OF VICTOR F. GARTZKE I, VICTOR F. GARTZKE, of 423 Allendale Way, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, do hereby make this my Last will and Testament, revoking any former wills and Codicils made by me. :-."-) ARTICLE ONE IDENTIFICATION OF FAMILY MEMBERS I am married to Lavon J. Gartzke, and all references to ~ wife in this Will are to her. I have three children: Donna~. Cuff (born September 8, 1949); Carol A. Holder (born May 27, ( f"1 1951); and Craig V. Gartzke (born October 7, 1954). These N children are described in this will as "my children," or as "a child of mine." Any person born to a child or grandchild of mine is described in this will as "my issue." I have chosen for my own reasons not to recognize adopted individuals as my issue. ARTICLE TWO BEQUEST OF TANGIBLE PERSONAL PROPERTY I give my tangible personal property and all casualty insurance that I am carrying on said tangible personal property to my wife, or, if she does not survive me, I give said property to such of my children who are living at my death, to be divided equitably among or between them as they may determine, or, if they are unable to agree, as my Executor shall determine, after considering the wishes of such children. I have complete ()~.h, -1- confidence that my wife, my children or my Executor will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. ARTICLB THREB MARITAL BBQUBST If my wife shall survive me, I give, devise and bequeath to my wife, cash, securities or other property of my estate (undi- mini shed by any estate, inheritance, succession, death or similar taxes) having a value equal to the maximum marital deduction as finally determined in my federal estate tax proceedings, less the aggregate amount of marital deductions, if any, allowed for such tax purposes by reason of property or interests in property passing or which have passed to my wife otherwise than pursuant to the provisions of this Article; provided, however, the amount of this bequest shall be reduced by the amount, if any, needed to increase my taxable estate (for federal estate tax purposes) to the largest amount that, after allowing for the unified credit against the federal estate tax, and the state death tax credit against such tax, will result in the smallest (if any) federal estate tax being imposed on my estate. The term "maximum marital deduction" shall not be construed as a direction by me to exercise any election respecting the deduction of estate adminis- tration expenses, the determination of the estate tax valuation \J. J~)j . , -2- date, or any other tax election which may be available under any tax laws, in a manner that will result in a larger allowable estate tax marital deduction than if the contrary election had been made. My Executor shall have the sole discretion to select the assets which shall constitute this bequest. In no event, however, shall there be included in this bequest any asset or the proceeds of any asset which will not qualify for the federal estate tax marital deduction, and this bequest shall be reduced to the extent that it cannot be created with such qualifying assets. My Executor shall value any asset selected by my Execu- tor for distribution in kind as a part of this bequest at the value of such asset at the date of distribution of such asset. ARTICLE FOUR RESIDUARY BEQUEST I give, devise and bequeath the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will, to my Trustee, hereinafter named, to be held, administered and distributed as the "Bypass Trust." ARTICLE FIFTH ADMINISTRATION AND DISPOSITION OF BYPASS TRUST The Bypass Trust shall be held, administered and distributed as follows: (1) My Trustee shall pay to or apply for the benefit of anyone or more of my said wife, my children and my issue, v. ~,)1 -3- until division into shares pursuant to Paragraph (4), all of the net income from the Bypass Trust in convenient installments in such shares and proportions as my Trustee in its sole discretion shall determine primarily for the medical care, education, support and maintenance in reasonable comfort of my said wife, children and issue, taking into consideration to the extent my Trustee deems advisable, any other income or resources of my said wife, children and issue known to my Trustee, considering that my wife is the primary object of my bounty. (2) Prior to division into shares pursuant to Para- graph (4), my Trustee may pay to or apply for the benefit of any one or more of my said wife, children and issue such sums from the principal of the Bypass Trust in such shares and proportions as in its sole discretion shall be necessary or advisable from time to time for the medical care, education, support and mainte- nance in reasonable comfort of my said wife, children and issue, taking into consideration to the extent my Trustee deems advis- able, any other income or resources of my said wife, children and issue known to my Trustee, considering that my wife is the primary object of my bounty. Any payment or application of benefits for a beneficiary pursuant to this Paragraph shall be charged against this Trust as a whole rather than against the ultimate distributive share of such beneficiary to whom or for whose benefit the payment is made. 0,~.)J. -4- (3) My wife shall have a special power to appoint all or any portion of the Bypass Trust during her lifetime by written document, delivered to my Trustee, referring expressly to this Article, or by Will, validly executed and attested referring expressly to this Article, among such other person or persons hereinafter named or described, absolutely or in trust, as she may indicate. This special power of appointment is exercisable only in favor of a child of mine as described in this will or to the issue of any such child. My wife shall have no power to appoint the principal of this fund or income accumulated thereon to herself, to her estate, to her creditors, or to the creditors of her estate. My Trustee may rely upon an attested will probat- ed in any state that otherwise meets the requirements of this Paragraph. (4) In default of the exercise of such power of ap- pointment by my said wife, or insofar as any part of the Bypass Trust shall not be effectively appointed, then upon the death of my wife, or upon my death if my wife did not survive me, the entire remaining principal of the Bypass Trust, or the part of such trust not effectively appointed (the "Distributable Bal- ance") shall be divided into separate shares so as to provide one (1) share consisting of eighty percent (80%) of the Distributable Balance (the "Children's Share"), and one (1) share consisting of VI)./~ ' -5- twenty percent (20%) of the Distributable Balance (the "Grand- children's Share"). These shares shall be held, administered and distributed as follows: (a) The Children's Share shall be further divided in equal shares, so as to provide one share for each then- living child of mine and one (1) share for each deceased child of mine who shall leave issue then living. The share provided for a living child of mine shall be distributed to such child. The share provided for a deceased child of mine who shall leave issue then living shall be distributed per stirpes to such issue. (b) The Grandchildren's Share shall be further divided into equal shares, so as to provide one (1) share for each then-living grandchild of mine, per capita and not per stirpes. The share so provided for each then-living grandchild of mine shall be distributed to such grandchild, subject, however, to the provisions of Article Six, con- cerning distributions to beneficiaries under the age of thirty-five (35) years. (5) If at the time of my death, or at any later time prior to final distribution hereunder, my wife, my children, and all my issue are deceased and no other disposition of the prop- erty is directed by this Trust, then and in that event only, the then-remaining property of this Trust, together with any undis- tributed income, shall be divided and paid over and distributed Cj , d ./~ · -6- fifty percent (50%) to my heirs-at-Iaw and fifty percent (50%) to my wife's heirs-at-Iaw. (6) My Trustee shall send the income beneficiaries or their representatives statements showing the transactions in the Bypass Trust at least annually. My Trustee and any beneficiary shall be entitled at any time to seek a jUdicial settlement of the account of the Bypass Trust in any court of competent juris- diction selected by my Trustee. Alternatively: (a) My Trustee may at any time settle any account or question concerning the administration of the Bypass Trust by agreement with the current income beneficiaries and either with their then legally competent living descendants or with all the legally competent persons who my Trustee determines would be entitled to receive a share of the principal if the Bypass Trust were to end at the time of the agreement (disregarding powers of appointment); however, (i) If my Trustee determines that there is no legally competent person to make an agreement, then the agreement may be made by the legal representative, legally competent spouse or oldest legally competent relative of the closest degree of each person specified above; and (ii) If an addition is made by will or from another trust, my Trustee may accept the statement of the fiduciary that the property delivered to my Trustee consti- tutes all the property to which my Trustee is entitled. My ~) .1..H . -7- Trustee shall have no duty to require the fiduciary to state an accounting of his, her or its administration or to in- quire into any action of the fiduciary, and only shall be responsible for the property which my Trustee receives. (b) Any agreement under the above subpara- graph (a) shall bind all persons who may ever be interested in the Bypass Trust, and shall effectively release and dis- charge my Trustee. ARTICLE SIX PROTECTIVE PROVISIONS If any share hereunder becomes distributable to a benefi- ciary who has not attained the age of thirty-five (35) years, then such share shall immediately vest in such beneficiary, but notwithstanding the provisions herein, my Trustee shall retain possession of such share in trust for such beneficiary until such beneficiary attains the age of thirty-five (35) years, using so much of the net income and principal of such share as my Trustee deems necessary to provide for the proper medical care, educa- tion, support and maintenance in reasonable comfort of such beneficiary, taking into consideration to the extent my Trustee deems advisable any other income or resources of such beneficiary or his or her parents known to my Trustee. Any income not so paid or applied shall be accumulated and added to principal. I recommend that my Trustee consider distributing all accumulated income from such share to such beneficiary when such beneficiary u ~ d J)J , -8- attains the age of twenty-one (21) years, and one-third of the principal of such beneficiary's share as then constituted when such beneficiary attains the age of thirty (30) years. Such beneficiary's share shall be paid over and distributed to such beneficiary upon attaining the age of thirty-five (35) years, or if he or she shall sooner die, to his or her executors or admin- istrators. My Trustee shall have with respect to each share so retained all the powers and discretions had with respect to the trusts created herein generally. ARTICLE SEVEN PERPETUITIES SAVINGS PROVISION Anything in this will to the contrary notwithstanding, no trust created herein shall continue beyond twenty-one (21) years after the deaths of the last to die of my issue living at the time of my death; upon the expiration of such period, all trusts shall terminate and all the assets thereof shall be distributed to those beneficiaries (and in the same proportions) as are then entitled to receive the income therefrom. ARTICLE EIGHT SIMULTANEOUS DEATH If any beneficiary and I should die under such circumstances as would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this my will that said beneficiary predeceased me; provided, however, that if my wife shall die with me as aforesaid, I direct that my wife shall be conclusively presumed to have survived me. U, ))j, -9- ARTICLB NINE BXECUTORS AND TRUSTEBS I make the following fiduciary appointments: (1) I name my wife, Lavon J. Gartzke, and my daughter, Donna R. Cuff, as my Co-Executors. If my wife is unable or unwilling to serve, then my daughter, Donna R. Cuff, shall serve alone as my Executrix. If my daughter, Donna R. Cuff, is unable or unwilling to serve, then my wife, Lavon J. Gartzke, shall serve alone as my Executrix. If neither my wife nor my daughter is able or willing to serve, I name Corestates Bank, N.A., 3516 Market street, Camp Hill, Cumberland County, Pennsylvania, as my Executor. I direct that my Co-Executors, my Executrix or my Executor, and her or its successor, herein referred to as my Executor regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. (2) I name Core states Bank, N.A. (or its successor by merger, acquisition or any form of corporate reorganization) as my Trustee. I direct that my Trustee, and its successors, herein referred to as my Trustee regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. (3) Except as otherwise provided herein, if all of the Trustees named herein, including any successor as herein defined, should fail to qualify as Trustee hereunder, or for any reason should cease to act in such capacity, the successor or substitute Trustee shall be some qualified person, including an attorney, (J ' ). /)J . -10- accountant, trust company or bank with trust powers, which successor or substitute Trustee shall be designated in a written instrument filed with the court having jurisdiction over the probate of my estate and signed by my wife, or if she fails to act, signed by or on behalf of a majority of my children, or if they fail to act, by the court having jurisdiction over the Trust. The situs of the Trust may be transferred to the situs of such successor or substitute Trustee by designation in the written instrument aforesaid. (4) Any corporate Trustee or Executor shall receive compensation in accordance with its standard schedule of fees in effect while its services are performed. No individual Trustee or Executor who is a beneficiary of any trust under this will shall receive compensation. ARTICLE TEN EXECUTOR AND TRUSTEE POWERS I give to any Executor and to any Trustee named in this will or any Codicil hereto or to any successor or substitute Executor or Trustee all of the powers enumerated in this will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date of my death, during the administration and until the completion of the distribution of my estate, and until the termination of all trusts created in this will or any Codicil l,,~, d.)j J -11- hereto and until the completion of the distribution of the assets of such trusts. I direct that all such powers shall be construed in the broadest possible manner and shall be exercisable without court authorization. In addition to such powers, my Executor and Trustee shall have the following powers: (1) In determining the federal estate and income tax liabilities of my estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as federal estate tax deductions or as federal income tax deduc- tions and shall have the discretion to file a joint income tax return with my wife. (2) If at any time any trust created hereunder (or any share thereof if the trust shall have been divided into shares) shall be of such value that, in the opinion of my Trustee, the administration expense of holding the assets contained therein in trust is not justified, my Trustee, in its absolute discretion, may terminate such trust and distribute the trust property to the person or persons then entitled to receive or have the benefit of the income therefrom or the legal representative of such person. If there is more than one income beneficiary, my Trustee shall make such distribution to such income beneficiaries in the pro- portion in which they are beneficiaries or if no proportion is designated in equal shares to such beneficiaries. (j , J .~h , -12- (3) My Executor and Trustee are authorized and empow- ered to acquire and to retain, either permanently or for such period of time as my Executor or Trustee may determine, any assets, including the capital stock of any closely held corpo- ration, whether such assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. (4) My Executor and my Trustee are authorized and empowered to disclaim any interest, in whole or in part, of which I, my Executor, or my Trustee, may be the beneficiary, devisee, or legatee, by executing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect). (5) My Executor and Trustee are authorized and empow- ered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally, my Executor and Trustee are authorized and em- powered to compromise claims, to borrow from anyone (including a fiduciary hereunder) and to pledge property as security therefor, to make loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder); provided that any such loans shall be adequately secured and at a fair interest rate. c ~ ( ) ~)j - -13- (6) My Executor and Trustee are authorized and empow- ered to allocate property, charges on property, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income. (7) My Executor and Trustee are authorized and empow- ered to join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and delegate discre- tionary duties with respect thereto. (8) My Executor and Trustee are authorized and empow- ered to distribute in cash or in kind or partly in each. ARTICLE ELEVEN LIMITATION ON TRUSTEES No person who at any time is acting as a co-trustee (if any) hereunder shall have any power or obligation to participate in or to exercise any discretionary authority that I have given to my Trustee to pay principal or income to such person, or for his or her benefit or in relief of his or her legal obligations. Such discretionary authority shall be exercised solely by the disin- terested Co-trustee(s). ARTICLE TWELVE SPENDTHRIFT PROVISION No interest of any beneficiary under this Will, any Codicil hereto, or any trust created herein, shall be subject to anti- cipation or to voluntary or involuntary alienation. U 11 r ~, '" -14- ARTICLE THIRTEEN DIRECTION TO PAY DEBTS I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. ARTICLE FOURTEEN TAX APPORTIONMENT All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penal- ties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. I authorize my Executor and Trustee to pay all such taxes at such time or times as deemed advisable. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this 27th day of June, 1997. u~), 7-Ja~~Lo VICTOR F. GARTZKE ' ( SEAL) SIGNED, SEALED, PUBLISHED, and DECLARED by VICTOR F. GARTZKE, as and for his Last will and Testament, on the day and year last above written, in the presence of us, who, at his request, in his presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: J04~ L I~ , ; ::-f~ GJ ~-0--- -15- SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND WE, VICTOR F. GARTZKE, and HEATH L. ALLEN , and SHAWN W. WEIS the Testator 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 Testator signed and executed the instrument as his Last will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. \J~~ ).:k . VI R F. G .fZKE, ~ .. ator Jk~ L. )~_ wftness ,7 x{~~ eJ J-c~ -Wit' ess witness Subscribed, sworn to, and acknowledged before me by VICTOR F. GARTZKE, the Testator, and subscribed and sworn to before me by HEATH L. ALLEN , and SHA~VN W. WEIS 1997. , witnesses, this 27th day of June, Mcm.jill-fZ )()~~ Notary Public ~ -16- NOTARIAL SEAL MARJORIE L. JOHNSON, Notary Public City of Harrisburg, Dauphin County My Com...!.!'ission Expires M.?rch 8. 1999 " ~ '" SOLE CODICIL OF VICTOR F. GARTZKE ,-)41 ,.l..ls'Y I, VICTOR F. GARTZKE, of 423 Allendale Way, Lower Allen Township, Cumberland County, Pennsylvania, declare this to be the Sole Codicil to my Last Will and Testament dated June 27, 1997. 1. I hereby amend the second paragraph of Article Nine to read in its entirety as follows: (2 ) I name Hershey Trust Company (or its successor by merger, acquisition or any form of corporate reorganization) as my Trustee. I direct that my Trustee, and its successors, ....j herein referred to as my Trustee regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. 2. In all other respects, I hereby ratify, confirm and republish my Last will and Testament dated June 27, 1997, together with this Sole Codicil, as and for my Last Will and Testament. IN WITNESS WHEREOF, I have set my hand and seal on this the Sole Codicil to my Last Will and Testament this 'Lk::L.. day of \~ vI--, , 2003. '. ) '4--'" ~ j'L~~.) - VICTOR F. GARTZKE SIGNED, SEALED, PUBLISHED, and DECLARED by VICTOR F. GARTZKE as and for the Sole Codicil to his Last will and Testament dated June 27, 1997, on the day and year last above written, in the presence of us, who, at his request, in his presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: (SEAL) C) en (".:i . . JI SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ SS. WE, VICTOR F. GARTZKE, y,-,'\-\ \L l'- \) (Y\~\L\ {,il L ~\.,d'~ (Y\ - (-'At:)..., l \ , and ). ".. H ,-" ,~~. ~t' \ , the Testator 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 Testator signed and executed the instrument as the Sole Codicil to his Last Will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Codicil as witness and to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. i' , I "- -;'fu(/{ Wl ness ~L'~__j ,,~} I I -'. /)1. /kdM~) L_ ~c~~-{/~ \) Witness ~~~;;;;;;~~ Subscribed, sworn to, and acknowledged before me by VICTOR F. GARTZKE, the Testator, and subscribed and sworn to before me by :~d~" \)-,~,\_~~\'\:/('~:_\~\L , w~~~~~s~:', ~-;;~: ~'.l~ day of ~ , 2003. No~~LL NOTARIAL SEAL CYNTHIA J _ RULE, Notary Public Camp Hill Boro., Cumberland County M Commission,Explres Jan. 24, 2004 -2-