HomeMy WebLinkAbout12-14-06
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Lydia M. Oyler
also known as
File Number
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J. ,
. Deceased
Social Security Number 205-36-7764
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
IZJ A. Probate and Grant of Letters Testamentary and aver that Petitione~ is /-fIlf& the person
last Will of the Decedent dated November 22,2002 and codicil(s) dated August 22, 2006
named in the
(State relevant circumstances. e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ofthe instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/ A
o B. Grant of Letters of Administration
(/fapplicable, enter: c.t.a.: d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with mw her last principal residence at
309 Chestnut Ridge Drive. Upper Allen Township. Mechanicsburg. PennsYlvania 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 56 years of age, died on November 27, 2006
Mechanicsburg. PA 17055
at 309 Chestnut Ridge Drive
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(!fnot domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
1,500,000.00
0.00
0.00
0.00
situated as follows: None
l"....)
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant ofLefleRl in the appro~ form to:J:--J
the undersigned: c:::; 0 CT'> i ::=;:-,1
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d or rinted name and residence
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John S. Oyler, 309 Chestnut Ridge Drive, Mechanicsburg, P A 17055
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Form RW-02 rev. 10.13.06
Page 1 of2
). / -Ob - J{)q&
Oath of Personal Representative
COMMONWEALTH 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 beliefofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me the ILl te'1 day of
Df f'i m bth . <2COCc
Clliu fut(! (l (M\hnlJirD
FOr~eglster
Signature of Personal Representative
Signature of Personal Representative
File Number:
d.-I- ()ffJ -, /OQ0
Estate of Lydia M. Oyler
. Deceased
Social Security Number: 205-36-7764
Date of Death: November 27, 2006
AND NOW,
having been presented before me, IT IS DECREED that Letters
are hereby granted to John S. Oyler
December 14
2006
. in consideration of the foregoing Petition, satisfactory proof
Testamentary
in the above estate
and that the instrument(s) dated November 22, 2002 and AURUst 22,2006
described in the Petition be admitted to probate and filed ofrecor as the last Will (and Codicil(s)) of
Ih
Letters
$ CUD,DO
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FEES
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Short CertIficate(s) . . . . . . . . $
Renunciation(s) .......... $
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10\ l .. . $
(cd,c\l ...$
~K ...$
innlClh ()), ... $
... $
... $
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TOTAL .... . . . . . .. . . . $ (0' .
Attorney Signature:
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Attorney Name:
Richard W. Stevenson
Supreme Court I.D. No.: 7120
Address:
McNees Wallace & Nurick LLC
100 Pine Street
Telephone:
717-237-5208
17101
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Form RW-02 rev. 10.13.06
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H!()<~~~"rv. :'/':;0 certify that the information here given is correctly copied from an original certificate of death duly. filed with me
S IS. . . . '11 b j: d d h S t V t I R ds OffIce for permanent filmg.
Local RegIstrar. The ongmal certIficate WI e lorwar e to t e ta e i a ecor .
WARNING: It is illegal to duplicate this copy by photostat or photograph.
as
Fee for this certificate, $6.00
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Local Registrar
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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STATE Flt.E NUMBER
SEX
2. F\3lale
SOCIAl SECURITY NUMBER
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BIRTHPlACE (CIIy.nd
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FACILITY NAME (tf not inlttlution. give .lteet and number)
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DECEDENTS USUAl OCCUPATION
(c:r~of~~~""r
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DECEDENrs MAILING ADDRESS (Stret;;, IAtyfTown. Stale, Zip Code)
Id. 309 Chestnut Ri
AS DECEDENT EVER IN
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309 Chestnut Ridge Dr! ve
If. Mechanics PA 17055
FATHER'S NAME (Forst, lAIddlo. Lost)
11. Gear e Martin
INFORloI.\N1'S NAME (Typo/PrinI)
2G.. John S. ler
METHOD OF DISPOSITION
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WAS CASE REFERRED TO A MEDiCAl EXAMINER JCQRONE~ _____
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WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAllA8LE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
DUE T (OR
A CONSEQUENCE OF):
MANNER OF DEATH
DATE OF INJURY
(Monlh, 0.... V__)
TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED.
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-MEDICAL EXAMlNERlCOROHER
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REGIS
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LAST WILL AND TESTAMENT
OF
LYDIA M. OYLER
I, LYDIA M. OYLER, of Mechanicsburg, Cumberland County, Pennsylvania, make this
Will, hereby revoking all of my former Wills and Codicils.
ARTICLE ONE
TANGIBLE PERSONAL PROPERTY
9 1.1 I bequeath all my tangible personal property, including by way of illustration but
not by way of limitation, my household furniture and furnishings, paintings, books, automobiles,
jewelry and personal effects, exclusive of any such property used in a trade or business, to my
husband, JOHN S. OYLER ("My Husband"), if he survives me. If My Husband does not survive
me, I bequeath such assets in accordance with the terms of a signed and dated memorandum I
may prepare. If no such memorandum is received or located by my Executor within sixty (60)
days of my death, after a reasonable search for such memorandum, my Executor shall be held
harmless for distributing such assets as hereafter provided. Any assets not disposed of by
such memorandum, or all of such assets if no such memorandum is so received or located by
my Executor, shall be distributed to my children living at my death to be divided among them in
as nearly equal shares as they agree. In the event of irreconcilable disagreement among my'
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children, they shall take alternate turns selecting individual items with my oldest ~~ maki~
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the first selection. Any items not so selected shall be sold and the proceeds shaU~as a-
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part of my residuary estate';2~~ 5t
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9 1.2 To the extent practicable in the Executor's sole discretion, I beque~h~ny w
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policies of insurance on such property to the beneficiary entitled to such property.
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~ 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering
any such property to the beneficiary entitled thereto shall be paid by the Executor as an
administrative expense of my estate.
ARTICLE TWO
MARITAL BEQUEST
~ 2.1 If My Husband survives me, I devise and bequeath to him an amount equal to
the value of my probate estate (determined on the basis of the values finally determined for
federal estate tax purposes), other than property passing under the foregoing provisions of this
Will, reduced by an amount, if any, needed to increase my taxable estate so that the federal
estate tax as finally determined, after taking into consideration my adjusted taxable gifts, will
equal my unified credit, the credit for property previously taxed and the state death tax credit (to
the extent that the use of said credit does not result in an increase in the state death taxes
otherwise payable) available against such tax, assuming that an election were made to qualify
all qualified terminable interest property, other than the trust provided for under Article Three of
this Will, for the federal estate tax marital deduction whether or not such election is actually
made. This bequest may be funded with cash, with property in kind or partly with cash and
partly with property in kind, and shall include only property which qualifies for the federal estate
tax marital deduction in my estate, valued at the date of distribution, and which, to the extent
other property is available, shall not include property for which a foreign death tax credit is
available.
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ARTICLE THREE
RESIDUARY UNIFIED CREDIT TRUST
9 3.1 If My Husband survives me, I devise and bequeath to my Trustee, herein named,
all of the rest, residue and remainder of my estate, to be held for the benefit of My Husband in
trust, in accordance with the following provisions of this Article Three:
9 3.1.1 The Trustee shall hold, manage, invest and reinvest the trust
property, shall collect the income thereof and, during the life of My Husband, the
Trustee shall distribute the net income in quarter-annual installments, or more
frequently if the Trustee deems it advisable, to or for the benefit of My Husband.
9 3.1.2 The Trustee may also distribute to or for the benefit of My
Husband so much of the principal of the trust property as the Trustee, in the
Trustee's sole discretion, shall from time to time deem necessary or proper to
adequately provide for My Husband's health, maintenance and support, taking
into account other available funds, including his assets.
9 3.1.3 Upon the death of My Husband, the Trustee shall distribute the
balance of the trust property in accordance with the provisions of Article Four
hereof.
ARTICLE FOUR
UPON THE DEATH OF THE SURVIVOR OF MY HUSBAND AND ME
94.1 Upon my death, if My Husband does not survive me, or to the extent he is
deemed to have predeceased me as a result of a valid disclaimer, or if My Husband survives
me, then upon My Husband's death, all assets not otherwise disposed of by this Will or to be
distributed in accordance with this Article Four shall be distributed to my issue then living, per
stirpes, subject to being held in trust in accordance with the provisions of Article Five hereof.
ARTICLE FIVE
TRUST FOR BENEFICIARY UNDER 25 YEARS OF AGE
95.1 Except as otherwise may be provided in this Will, if any beneficiary, other than a
child of mine, is entitled to receive a mandatory distribution of property from my estate or from
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any trust created by this Will and is under twenty-five (25) years of age, I devise and bequeath
such property to my Trustee, herein named, or I direct that such property be held by my Trustee
in continued trust, as the case may be, for the benefit of such beneficiary, in trust, in
accordance with the following provisions of this Article Five:
~ 5.1.1 While each such beneficiary is under twenty-one (21) years of
age, the Trustee shall hold, manage, invest and reinvest the trust property, shall
collect the income thereof and shall apply to or for the benefit of such beneficiary
so much of the net income and, if the net income is insufficient, so much of the
principal of the trust property as the Trustee, in the Trustee's discretion, shall
from time to time deem necessary or proper for such beneficiary's health,
maintenance, support and complete education. The Trustee shall annually
accumulate any net income not so distributed and add the same to the principal
of the trust property.
~ 5.1.2 After such beneficiary attains twenty-one (21) years of age, the
Trustee shall continue to hold, manage, invest and reinvest the trust property,
shall collect the income thereof and shall distribute the net income in quarter-
annual installments, or more frequently if the Trustee deems it advisable, to or
for the benefit of such beneficiary.
~ 5.1.3 In addition to the foregoing, after such beneficiary attains
twenty-one (21) years of age, the Trustee may distribute to or for the benefit of
such beneficiary so much of the principal of the trust property as the Trustee, in
the Trustee's discretion, shall from time to time deem necessary or proper for
such beneficiary's health, maintenance, support and complete education,
including college and graduate education, and professional, vocational or
technical training, and to assist such beneficiary with his or her reasonable
wedding expenses, in the purchase of a principal residence and in the
establishment of a profession or of a business considered a good risk by the
Trustee, taking into account other available funds, including such beneficiary's
assets.
~ 5.1.4 At any time after such beneficiary attains twenty-five (25) years
of age, such beneficiary may withdraw any or all of the principal of his or her
trust.
~ 5.1.5 If such beneficiary dies before the complete termination of his
or her trust, the Trustee shall distribute the property then held in trust as follows:
~ 5.1.5.1 If the beneficiary's trust is a Non-GST Exempt Trust
as defined in ~7.29 herein, the Trustee shall distribute the property then
held in trust for such beneficiary to such persons or entities (including the
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beneficiary's estate), in such amounts and upon such trusts, terms and
conditions as the beneficiary by his or her last Will may appoint by
specific reference to this general power of appointment. Any property not
so appointed shall be divided into shares for the beneficiary's issue then
living, per stirpes, or if none, for the issue then living of the parent of the
beneficiary who was a descendant of mine, per stirpes, or if none, for my
issue then living, per stirpes, and in all circumstances held in continued
trust in accordance with the provisions of this Article Five.
9 5.1.5.2 If the beneficiary's trust is a GST Exempt Trust as
defined in 97.2.9 herein, the Trustee shall distribute the property then
held in trust for such beneficiary to such of my issue other than the
beneficiary in such amounts and upon such trusts, terms and conditions
as the beneficiary by his or her last Will may appoint by specific reference
to this special power of appointment. Before exercising such special
power of appointment, I request that the beneficiary seek counsel
regarding the generation skipping transfer tax effects of such exercise.
Any property not so appointed shall be divided into shares for the
beneficiary's then living issue, per stirpes, or if none, for the issue then
living of the parent of the beneficiary who was a descendant of mine, per
stirpes, or if none, for my then living issue, per stirpes, and in all
circumstances subject to being held in continued trust in accordance with
the provisions of this Article Five.
ARTICLE SIX
APPOINTMENT OF FIDUCIARIES
9 6.1 I appoint My Husband as Executor of this Will. If he should be unable or
unwilling to act or continue to act, for any reason whatsoever, I appoint LeTort Management
and Trust Company, a Pennsylvania trust company with offices in Camp Hill, Pennsylvania, as
my successor Executor. All references herein to the "Executor" shall mean my originally
appointed Executor or my successor Executor, as the case may be.
9 6.2 I appoint LeTort Management and Trust Company as Trustee of any trust
created by this Will.
9 6.3 I appoint the Trustee then serving hereunder as Guardian of the estates of any
minor beneficiaries under this Will, including the proceeds of any life insurance on my life
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payable to such minors and any other property, rights or claims with respect to which I am
entitled to appoint a guardian and have not otherwise speCifically done so. The Guardian shall
have full authority to use such assets, both principal and income, in any manner the Guardian
shall deem advisable for the best interests of the minor, including college and graduate
education, and professional, vocational or technical training, without securing a court order.
ARTICLE SEVEN
POWERS OF FIDUCIARIES
97.1 No fiduciary under this Will shall be required to give bond or other security for the
faithful performance of the fiduciary's duties.
97.2 Any such fiduciary shall have the following powers, in addition to those given by
law.
97.2.1 To invest in, accept and retain any real or personal property,
including stock of a corporate fiduciary or its holding company, without restriction
to legal investments;
97.2.2 To sell, exchange, partition or lease for any period of time any
real or personal property and to give options therefor for cash or credit, with or
without security;
9 7.2.3 To borrow money from any person, including any fiduciary
acting hereunder, and to mortgage or pledge any real or personal property;
97.2.4 To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or depository, or in book
entry form or unregistered or in such other form as will pass by delivery;
97.2.5 To engage in litigation and compromise, arbitrate or abandon
claims;
97.2.6 To make distributions in cash, or in kind at current values, or
partly in cash, allocating specific assets to particular distributees on a non-pro
rata basis, and for such purposes to make reasonable determinations of current
values;
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97.2.7 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of
income or principal of any person affected thereby;
97.2.8 To join with My Husband or his personal representative in the
filing of a joint income tax return for any period for which such a return may be
permitted, without requiring him or his estate to indemnify my estate against
liability for the tax attributable to his income, and to consent, for federal gift tax
purposes, to having gifts made by My Husband during my lifetime treated as
having been made half by me;
97.2.9 To allocate, in the Executor's sole and absolute discretion, any
portion of my exemption under Section 2631 (a) of the Internal Revenue Code
("My GST Exemption"), to any property as to which I am the transferor, including
any property transferred by me during my lifetime as to which I did not make an
allocation prior to my death. Any such election or allocation shall be binding
upon the Trustee and any beneficiary of any trust created hereunder. The
Trustee is directed to divide any trust created under this Will into two (2) or more
separate trusts, if necessary, to segregate the portion or portions of the trust or
trusts created hereunder over which My GST Exemption has been allocated (the
"GST Exempt Trusts") from the portion or portions of the trust or trusts created
hereunder over which My GST Exemption has not been allocated (the "Non-GST
Exempt Trusts"); provided, however, that any such separated trusts shall be
held, administered and disposed of in accordance with the terms hereunder as
identical trusts in all other respects, except as provided in 95.1.5 above;
9 7.2.10 To determine the apportionment of receipts and expenses,
including extraordinary cash dividends, stock dividends, capital-gain dividends of
regulated investment companies and proceeds and expenses of the sale of
unproductive real estate, between income and principal, such apportionment to
be made so as to balance fairly the interests of any income beneficiary and the
remaindermen;
9 7.2.11 To disclaim any interest I may have in any estate if the
Executor deems such disclaimer to be in the best interests of my estate and the
beneficiaries thereof;
9 7.2.12 To merge, after the death of My Husband, any trust created
hereunder with any other trust or trusts created by me or My Husband, under will
or deed, if the terms of any such trust are substantially similar and are held for
the primary benefit of the same persons, and if such merger shall not cause any
adverse income, estate or generation skipping transfer tax consequence; and
97.2.13 Following the death of My Husband, to terminate any trust
created herein, the principal of which is or becomes too small in the Trustee's
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discretion to make the establishment or continuance of the trust advisable, and
to make immediate distribution of the then remaining trust property to the
beneficiary then entitled to the income of the trust property or, if there is more
than one beneficiary, to the beneficiaries then entitled to the income of the trust
property, in proportion to their respective interests therein or, if such interests are
not defined, in equal shares to such beneficiaries. The receipts and releases of
the distributees will terminate absolutely the right of all persons who might
otherwise have a future interest in the trust, whether vested or contingent,
without notice to them and without the necessity of filing an account in any court.
ARTICLE EIGHT
PROVISION FOR TAXES
9 8.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death to any government or subdivision thereof upon or with
respect to any property subject to any such tax (solely for the purposes of this Article, "Death
Taxes"), and any penalties thereon, shall be paid by the Executor as follows: (a) if My Husband
survives me, all such Death Taxes and penalties shall be paid out of the principal of the
property, if any, disclaimed by My Husband and, if none or to the extent such disclaimed
property is insufficient, from the principal of that portion of my estate disposed of by Article
Three of this Will; and (b) if My Husband does not survive me, all such Death Taxes and
penalties shall be paid from the principal of that portion of my estate disposed of by Article Four
of this Will. All interest with respect to any such Death Taxes and penalties shall be paid by the
Executor out of the income or principal or partly out of the income and partly out of the principal
of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not
make apportionment among or such reimbursement from the beneficiaries, recipients or owners
of such property for any such Death Taxes, penalties or interest. Notwithstanding the
foregoing, the Executor shall not pay any such Death Taxes, penalties or interest attributable to
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any property included in my estate solely because of a power of appointment thereover which I
possess but have not exercised or any qualified terminable interest property.
ARTICLE NINE
PROVISION FOR DEBTS AND EXPENSES
~ 9.1 I direct that any of my legally enforceable debts, any expenses of my last illness,
funeral and burial, and any of the administrative expenses of my estate (solely for the purpose
of this Article, "Debts and Expenses"), shall be paid as follows: (a) if My Husband survives me,
all such Debts and Expenses shall be paid out of the principal of the property, if any, disclaimed
by My Husband and, if none or to the extent such disclaimed property is insufficient, from the
principal of that portion of my estate disposed of by Article Three of this Will; and (b) if My
Husband does not survive me, all such Debts and Expenses shall be paid from the principal of
that portion of my estate disposed of by Article Four of this Will.
ARTICLE TEN
BUSINESS INTERESTS
~ 10.1 In the event any business interests should be an asset of my estate, whether the
same involves a proprietary interest, a partnership interest or stock in a closely held
corporation, whether wholly owned, controlled by me or owned in substantial part by me, I
authorize the Executor and Trustee, as the case may be (hereinafter referred to as the
fiduciaries), subject to the terms of any agreement I may have made for the sale of my
interests, to continue said business until such time as the fiduciaries shall deem it advisable to
sell, to liquidate or to distribute the same in kind. With respect to any sale or exchange of the
stock of any such business interest and in the absence of any such agreement entered into by
me prior to my death, I direct the fiduciaries to consider and to determine the appropriateness
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of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue
Code to the business entity and a possible deferral of federal estate tax payments under
Section 6166 of the Internal Revenue Code. It is my desire that to the extent possible any
business interest which I may own at the time of my death be continued or disposed of only in
an orderly manner so as to maximize the proceeds of any disposition. If an election under the
foregoing provisions will effect such desire, the fiduciaries are encouraged to pursue such
election if the fiduciaries deem such election also to be in the best interests of my estate and
the beneficiaries thereof. The fiduciaries shall have all rights and powers in connection with
such business as I had when living, including specifically the power at any time and from time to
time to operate or to join in the operation of the same as a going concern, to form or to reform a
general or limited partnership, to incorporate or to reincorporate and to liquidate or to sell the
same or any part thereof as the fiduciaries deem it advisable for the best interests of my estate
and of the beneficiaries thereof without the necessity of any order of court and without any
liability for loss resulting from the operation of said business except when such loss is the result
of gross negligence or fraud on the part of the fiduciaries.
ARTICLE ELEVEN
MISCELLANEOUS PROVISIONS
~ 11.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal
Revenue Code of 1986, as amended from time to time, or the corresponding provision of
subsequent law.
~ 11.2 If My Husband and I die under such circumstances that it is impossible to
determine which of us survived, it shall be conclusively presumed and this Will shall be
construed as if My Husband had predeceased me. If any person, other than My Husband, and
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I die under such circumstances that it is impossible to determine which of us survived, it shall
be conclusively presumed and this Will shall be construed as if such person had predeceased
me.
~ 11.3 No Trustee who is under a legal obligation to support a beneficiary of a trust
created hereunder shall participate in the exercise of any discretion granted to the Trustee of
that trust to distribute net income or principal in discharge of that legal obligation. Furthermore,
no Trustee shall enter into any reciprocal arrangement with any other trustee for the purpose of
indirectly exercising a power prohibited hereunder.
~ 11.4 Whenever a fiduciary is directed to distribute property to or for the benefit of any
beneficiary who is under (a) twenty-five (25) years of age, or (b) a legal disability or otherwise
suffers from an illness or mental or physical disability that would make distribution directly to
such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in
good faith), the fiduciary may distribute such property to the person who has custody of such
beneficiary, may apply such property for the benefit of such beneficiary, may distribute such
property to a custodian for such beneficiary, whether then serving or selected and appointed by
the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or
Uniform Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's
estate, may distribute such property directly to such beneficiary's estate, or may distribute such
property directly to such beneficiary (except if any of the conditions hereinbefore described in
(b) apply), without liability on the part of the Trustee to see to the application of such property.
This provision shall not in any way operate to suspend beneficiary's absolute ownership of such
property or to prevent the absolute vesting thereof in such beneficiary.
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9 11.5 Except as otherwise may be provided in this Will, during the continuance of any
of the trusts created under the provisions of this Will, and thereafter until the property is
distributed to and received by any beneficiary hereunder, the principal sums thus held in trust
for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any
contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made,
contracted, incurred or committed, but shall be absolutely free from the same, and such
beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums
or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the
income.
9 11.6 A corporate fiduciary shall be entitled to receive compensation for its services
hereunder in accordance with its schedule in effect when the services are performed, but not in
excess of such compensation as would be approved by a court of competent jurisdiction. An
individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's
services hereunder.
9 11.7 Notwithstanding any other provision of this Will, upon the expiration of twenty-
one (21) years after the death of the last survivor of My Husband and my issue living at my
death, the trusts created by this Will shall forthwith terminate and the trust property shall be
distributed to the beneficiary then entitled to the income of the trust property or, if there is more
than one beneficiary, to the beneficiaries then entitled to the income of the trust property in
proportion to their respective interests therein or, if such interests are not defined, in equal
shares to such beneficiaries.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22nd day of
November, 2002.
~~....) 'Tn. ~g.) (SEAL)
Lyd' . Oyler
Signed, sealed, published and declared by the above-named L YOIA M. OYLER as and
for her Last Will, in the presence of us and each of us, who, at her request and in her presence
and in the presence of each other, have hereunto subscribed our names as witnesses thereto
the day and year last above written.
Residing at 2) 2:> ~ '"5-;---
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Residing at I{'J .s. ItA) 04r< ~Jt..
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
We, L YOIA M. OYLER, the testatrix, and c:LI2-A-D~ rj P. AliL.L-Pr1J. 6= rl_,
t:6t1frt.-JJ f2. U)EI 'BL-i?1
, the witnesses, 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 her last Will; that the testatrix
signed willingly and executed it as her free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of the testatrix signed the Will
as a witness and that to the best of his or her knowledge the testatrix was at that time eighteen
(18) years of age or older, of sound mind and under no constraint or undue influence.
~A,th. ~
Lydia M. Oy
Subscribed, sworn to and acknowledged before me by L YOIA M. OYLER, the testatrix,
and subscribed and sworn to before me by EL\'2..A-~trt-J Q. K Ll LL4-U(tL and
?~tJ 1Jz-.f) i?:-. W~I.B L-E 'I , witnesses, this 22nd day of November, 2002.
~N~~~
(SEAL)
NO:3:;t..~,: f~~~;~~
Jean fit Sr~~;~~~~:;(, ~-~~..:/ ~':~':;" Pub'~c
East P~r:;i~br}r.0 T'.',~:" ~?~::'i::.?;';:';j_:~r~J,~nty
My Comml~S!O:1 [;;.:,:;;8,; r.p:. G'''. 2003
Member, Pennsytiania ASsodaiion 01 Notaries
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FIRST CODICIL TO
WILL OF
LYDIA M. OYLER
I, LYDIA M. OYLER, of Cumberland County, Pennsylvania, declare this to be the first
codicil to my Will executed on November 22, 2002.
1. Article Three of my Will is hereby amended and restated in its entirety as
follows:
"ARTICLE THREE
RESIDUARY UNIFIED CREDIT TRUST
9 3.1 If My Husband survives me, I devise and bequeath to my Trustee,
herein named, all of the rest, residue and remainder of my estate, to be held in trust,
in accordance with the following provisions of this Article Three:
93.1.1
The Trustee shall pay the net income at least
annually to or for the benefit of a class consisting of My Husband and
my issue (the "Class") in such proportions or amounts as determined
by the Trustee in its sole discretion. No beneficiary who is a member
of the Class shall participate as a co-Trustee in any decision under this
Section 3.1.1.
93.1.2
The Trustee may from time to time pay such
sums from the principal to or for the benefit of the Class in such
proportions or amounts and for such purposes as determined by the
Trustee in its sole discretion. There shall be no need to maintai~ 0
~";~
equality of payments among them. No beneficiary who is a membef,~
.~::;S3
the Class shall participate as a co.Trustee in any decision underth~~
c:-:) -T1
Section 3.1.2. ~
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93.1.3
No payment shall be made under Sections 3.1.1
or 3.1.2 above which would discharge to any extent the legal obligation
of any person for the support of the recipient of such payment.
93.1.4
Upon the death of My Husband if he survives me,
the Trustee shall pay all or part of the balance held in the Trust,
outright or in trust, in such amounts or proportions to or for the benefit
of any or all of my issue and persons gifts to whom are then allowable
as deductions under Section 2055(a) of the Internal Revenue Code (or
any successor provision) as My Husband may direct in his will making
specific reference to the Trust hereunder. To the extent that My
Husband should fail to exercise effectively his limited power of
appointment over the Trust subject to this Article Three, then upon My
Husband's death, all assets not otherwise disposed of by this Will shall
be distributed to my issue then living, per stirpes, subject to being held
in further trust in accordance with the provisions of Article Five hereof."
2. The following new Section 6.4 is hereby inserted into my Will as follows:
"9 6.4 The "Protector" of each trust under this Will shall be RICHARD W.
STEVENSON. If RICHARD W. STEVENSON is unable to serve or continue to serve
as the Protector, McNEES WALLACE & NURICK LLC (or its successor) shall serve.
9 6.4.1
The Protector may appoint one or more persons
or entities to be successor Protector(s) to take office upon the death,
resignation, or incapacity of the Protector or any person serving as
Protector. Multiple Protectors shall act by majority.
9 6.4.2
The Protector shall have the right to remove any
Trustee of a trust under this Will other than a descendant of mine. The
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Protector shall also have the right to appoint an individual or
corporation with fiduciary powers to replace the removed Trustee or
whenever the office of Trustee of a trust becomes vacant or to serve as
a Co-Trustee.
~ 6.4.2 Any person serving as Protector may resign.
~ 6.4.3 The Protector's authority hereunder is conferred
in a fiduciary capacity and shall be so exercised, but the Protector shall
not be liable for any action taken in good faith.
~ 6.4.4 No discretionary distribution shall be made from
any trust that would discharge or substitute for a legal obligation of any
person serving as Protector even if such a distribution would otherwise
be authorized under the terms of the trust.
~ 6.4.5 The Protector may release the Protector's power
to remove a particular Trustee and such release may be limited to the
releasing Protector or made binding upon any successor Protector.
~ 6.4.6 The Protector shall not, within the meaning of
Code Sec. 672(c), appoint an individual or corporation that is related or
subordinate (1) to the Protector or (2) to the Protector when the
Protector is an Interested Trustee or would be an Interested Trustee if
the Protector were serving as Trustee. If more than one person is
serving as Protector, the preceding sentence shall prohibit the
appointment of any Trustee that could not be appointed by each such
person if serving alone as Protector.
~ 6.4.7 An "Interested Trustee" means for any trust a
Trustee who is (1) a transferor of property to the trust, including a
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person whose qualified disclaimer resulted in property passing to the
trust; or (2) a person who is or in the future may be eligible to receive
income or principal pursuant to the terms of the trust, unless the
person's only interest is as a potential appointee under a non-fiduciary
power of appointment the exercise of which will take effect only in the
future."
3. In all other respects, my said Will, subject to any earlier codicils, shall remain
unchanged.
IN WITNESS WHEREOF, I, LYDIA M. OYLER, herewith set my hand to this, a codicil
to my last Will, typewritten on six (6) sheets of paper including the self-proving attestation
clause and signatures of witnesses, this Z2rJ day of T ' 2006.
~ 'Ih. cD~fA..., (SEAL)
LYDIA . OYLER 0
Witnessed:
residing at 8' W.V0uSt S~to...-,(.a~ PA null
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reSidingat~~ ~
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Da. ....fh:. '"
SS:
LYDIA M. OYLER (the testatrix), . ~ 0..0'\. G. '\{ e.o..k\e...
anf\)r k& \.0. g~e t'o.$.()n. (the witnesses), whose names are signed to the
foregoing instrument, being first duly sworn, each hereby declares to the undersigned
authority that the testatrix signed and executed the instrument as a codicil to her last will in
the presence of the witnesses and that she had signed willingly, and that she executed it as
her 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 codicil as witness and that
to the best of his knowledge the testatrix was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
WITNESS:
TESTATRIX:
trb.J~
>f . 'Ih CV~.t?~
Lyg~ I 1)
Subscribed, sworn to and acknowledged before me by LYDIA M. OYLER, the testatrix, and
subscribed and sworn to before me by ~~t"\. O. Ye /A'-<. \ L and
~.~~("~ W. ..5l-t..ve.n..srul. , the witnesses, this d.~n& day of J\."j~
()~~~d k~
*h~rd W. StevensonJ
2006.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LDa. \A.~h; n
SS.
On this, the ~.3~ day of ~ ' 2006, before me, a Notary Public in and
for the above-named Commonwealth nd County, the undersigned officer, personally
appeared Richard W. Stevenson (ID #7120) known to me (or satisfactorily proven) to be a
member of the bar of the highest court of said State and certified that he was personally
present when LYDIA M. OYLER and each witness executed the foregoing, and that each
person acknowledged that he or she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Karen D. Rafferty, No~ Public
City of Harrisburg, Dauphin County
My Commission ExpIres f:eb. 13, 2010
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