HomeMy WebLinkAbout03-08-07
Register of Wills of Cumberland County, Pennsylvania
Estate of Patricia B. PasQuarett
also known as
PETITION FOR GRANT OF LETTERS
~/-07-Jd,/
No.
Patricia B. PasQuarett
, Deceased
Social Security No. 444-50-7988
Michael J. PasQuarett
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
o
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or
Decedent, dated and codicil(s) dated
named in the Last Will of 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 of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
c.. +.t::1 '
Q
B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I Name Relationship Residence I
Michael PasQuarett Spouse 1101 Wansford Road
Mechanicsbura. PA 17055
(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
residence at 1101Wansford Road, Mechanicsburo
Decedent, then 58
(list street, number and municipality)
years of age, died December 4 ,2006, at 1101 Wansford Road, Mechanicsburo, PA
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PA) All personal property......................................... $
(if not domiciled in PA) Personal property in Pennsylvania .................... $
(If not domiciled in PA) Personal property in County .............................. $
Value of real estate in Pennsylvania ........................................................................................ $
Total ..................................................................................................................... $
250,000.00
250,000.00
Real Estate situated as follows:
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:
Typed or printed name and rE RECORDED OFFICE Of
REGISTER OF WILLS \
1101 Wansford Road 2007 MAR 08 PM 3:31~~
Mechanicsbur PA 17055 CLERK OF . {"1
ORPHANS' COURT~
CUMBERLAND CO., PA~'
RW-7
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent,
Petitioner(s) will well and truly administer the estate a29f~~~ _
Sworn to and affirmed and subscribed '" ~ _, .~
%
day of
DECREE OF REGISTER
Estate of Patricia B. Pasauarett
also known as
Deceased
No.
9J-()7-c22{
Social Security No: 444-50-7988 Date of Death:
AND NOW, Lf!1fJ./t.1fl ~ , /Jf;07, in consideration of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters a Testamentary ~ of Administration
(c.I.a., d.b.n.c.l.; pendente lite; durante absentia; durante minoritate)
RECORDED OFFICE OF
REGISTER OF WILLS
2007 MAR 08 PM 3:3~
CLERK OF ~~
ORPHANS' COURT ,
CUMBERL\ND CO., PA .
are hereby granted to Michael J. PasQuarett
in the above estate and that the instrument(s), if any, dated 1/31/2004
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
Letters................................... .
$ _?iO.fJO
$~1.f)O
$ I(J.~
lu-
-~~
FEES
Short Certificate(s) ..........(p
Renunciation......................... .
Affidavit ( ) ....................... $
Extra Pages ( ).............. $
~ UJ.t.U.................... $
JCP Fee 1.P.rv..-.~ $
Inventory & Tax Forms............. $
Other...................................... $
15LV
/0. tfJ
Attorney: Mark A. Mateya, ESQ.
I.D. No: 78931
Address: P.O. Box 127
BoilinQ SprinQs
Telephone: (717) 241-6500
DATE FILED: 2/12/2006
374 (JO
TOTAL .............................$ <L .
PA 17007
RW-7A
P~(~~.~n5 ~~V '/",,~
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
Li-~~~=~
Fee for this certificate, $6.00
p
12995304
DEe
5 2006
Date
.u..:.'-.A--'lU..JnLJ U1' l' ll..t U1'
REGISTER OF WILLS
2007 MAR 08 PM 3:3}....
CLERK OF ~~
ORPHANS' COURT ~
CUMBERLAND CO., PA
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
V~.
Patricia A. Pasquarett
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STATE FILE NUMBER
.. OIIe"'OOltl(l....,.....,.,.ar)
December 4, 2006
30, 1948
Tulsa, OK
SI.AaofDeath
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1101 Wansford Road
Mechanicsburg, Pa 17050
18. Fathet'1 Name {FnL middIt.IaSI.1lJIIix1
Gar Brashears
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Michael J. Pasquarett
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Dorothy Baker
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1101 Wansford Rd. Mechanicsburg,
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Indi..antown Gap National Cemetery
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Michael J. Pas uarett
Hampden T.".
Clyl-
Pa 17050
21d. LocIion (City I klwn, II*. zip alde)
Annville Pa
22c. N...iIldAddnlllolFacIMy
Ronan F\merallbre 255 York Road Carlisle, Pa 17013
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LAST WILL & TESTAMENT
..............~'-'J..UJ
REGIS-m~ ~~'l'l~C LIt'
2007 1\6 A no W''ILLS
U.Ll'1.I{ 08 PM 3.
CLERK .31 ~'
ORp. OF
CU}'1BE~~S' COURT"'1
.o.ND CO" Pi\.
I, Patricia B. Pasquarett, of 1101 Wansford Road, Mechanicsburg, Cumberland County,
Pennsylvania, declare the following to be my Will, hereby revoking all Wills heretofore made by
me.
FIRST:
A.
I give and bequeath to my husband, Michael J. Pasquarett, such real
property, jewelry, personal effects, household goods, works of art and automobiles as I may own
at the time of my death.
B. If my husband fails to survive me, I make the following specific bequests:
. Diamond Earrings to Karen Sue Clopp, presently residing in Great Valley, New
York.
. Diamond Necklace to Christi Johnson, presently residing in Moore, Oklahoma.
. Diamond Bracelet to Kendra Bohannon, presently residing in Duncan, Oklahoma.
. Pearl Necklace to Donna Flake, presently residing in Wiesbaden, Federal Republic
of Germany.
. Tiffany Watch to Rebeka Trapp, presently residing in Lawrenceburg, Indiana.
. Rolex Watch to Paul Trapp, presently residing in Lawrenceburg, Indiana.
. Lexus automobile to Rick Bohannon, presently residing in Duncan, Oklahoma.
. BMW automobile to Michael Trapp, presently residing in Lawrenceburg, Indiana.
. National Mt. Airy Desk to Scott Trapp, presently residing in Pineville, North
Carolina.
C. Each gift of property under this Item FIRST shall include all insurance on such property.
All expenses of storing, insuring and transferring such property shall be paid out of my estate.
SECOND:
A. I direct my Executors to divide my residuary estate into two fractional portions,
one to be known as the "Marital Portion" and the other to be known as the "Nonmarital Portion,"
provided that if my husband, Michael J. Pasquarett, fails to survive me, my entire residuary estate
shall be disposed of in accordance with the provisions relating to the Nonmarital Portion.
B. The Marital Portion shall be determined by applying the following fraction to my
residuary estate, valued and composed as of the date of its distribution:
1. The numerator of the fraction shall be: (a) that amount qualifying for the
federal estate tax marital deduction which is exactly sufficient to reduce the federal estate tax
payable by reason of my death to zero, minus (b) the value for federal estate tax purposes of all
items in my gross estate which pass or have passed by reason of my death to my husband or in
trust for my husband, either outside of my Will or pursuant to a nonresiduary bequest or devise
under my Will and which qualify for the marital deduction; and
2. The denominator of the fraction shall be the value of my residuary estate
composed as of the date of my death and computed on the basis of the valuations allowed in the
final determination of the federal estate tax payable by reason of my death.
2
C. In determining the Marital Portion, I direct the following:
1. The amount referred to in clause (a) of subparagraph B 1 hereof shall be
determined after taking into account: (a) all applicable credits and (b) all deductions other than
the marital deduction allowed to my estate in the final determination of the federal estate tax
payable by reason of my death. Furthermore, such amount shall be calculated without regard to
any reduction or abatement of the Marital Portion which may be caused by the payment of any
pre-residuary legacies or any death taxes due by reason of my death. Notwithstanding the
foregoing provisions of this subparagraph 1, the credits referred to in clause (a) hereof shall not
include any credit allowable under Internal Revenue Code section 2011 for state death taxes
which would be imposed by any state solely by reason of the availability of such credit to my
estate, and the payment of which would not reduce the federal estate tax payable by reason of my
death.
2. Assets shall be allocated to the Marital Portion in such manner that the Marital
Portion and the Nonmarital Portion shall share ratably in the appreciation or depreciation in the
value of my residuary estate.
3. Only those assets for which the marital deduction is available shall be allocated to
the Marital Portion.
4. The allocation of assets to the Marital Portion and the distribution of such assets
shall be made without regard to whether the total of the distribution is more or less than the
numerator of the fraction.
5. In the determination of the numerator of the fraction, the words "pass or have
-3-
passed" shall have the same meaning as these words have under the marital deduction provisions
of the Internal Revenue Code.
D. The assets of my residuary estate which are not allocated to the Marital Portion (or
all of the assets of my residuary estate if my wife fails to survive me) shall be allocated to the
Nonmarital Portion.
E. The term "residuary estate" as used in this Item shall mean my residuary estate
without reduction for the payment of any death taxes due by reason of my death.
F. If my husband and I die under such circumstances that the order of our deaths
cannot be established, I direct that he shall be deemed to have survived me.
THIRD: If my husband, Michael J. Pasquarett, survIVes me, I give, devise and
bequeath the assets of the Marital Portion to him, absolutely, free of all death taxes.
FOURTH:
I give, devise and bequeath the assets of the Nonmarital Portion to my
Trustees, IN TRUST, NEVERTHELESS (this trust shall be referred to in this Will as the
"Nonmarital Trust"), [to be held by them, together with the death benefits of any insurance on my
life and of any pension or profit-sharing plan or any other retirement plan which may be received
by them, and] to dispose of the net income and principal as follows:
A. My Trustees shall distribute all the net income to my husband, Michael J.
Pasquarett, during his lifetime, in quarterly or more frequent installments.
B. My Trustees shall also distribute to my husband, Michael J. Pasquarett, from time
-4-
to time, such portions of the principal as my Trustees other than my husband, in their absolute
discretion, may deem advisable for my husband's health, maintenance, support and education.
C. If my husband is living on the last day of a calendar year, my Trustees shall also
distribute to him such portions of the principal as he may have requested during such year,
provided that the aggregate of such distributions shall not exceed, with respect to such year, the
greater of Five Thousand Dollars ($5,000) or five percent (5%) of the value of the principal
remaining in this trust on the last day of such year. My husband shall exercise this right by
written instrument or instruments delivered to Trustees prior to December 31 of such year, and
him right to request these distributions shall not be cumulative and shall lapse to the extent not so
exercised in any calendar year. My Trustees shall make any distributions required of them under
the provisions of this paragraph within forty-five days after the end of the calendar year with
respect to which the distributions are to be made.
D. Upon my husband's death, the balance then remammg of this trust shall be
distributed in such amounts or proportions, on such terms and conditions, and subject to such
trusts or limitations, as my husband may appoint by his Will or by other instrument in writing
delivered to my Trustees during his lifetime, making specific reference to this power of
appointment in such Will or other instrument.
E. Upon my husband's death, to the extent that he fails to exercise effectively the
foregoing power of appointment, or upon my death if my husband fails to survive me, the balance
then remaining shall be distributed as follows:
. Five percent (5%) to Richard Ray Bohannon, brother of Patricia B. Pasquarett,
-5-
presently residing in Duncan, Oklahoma.
. Five percent (5%) Brittani Ray Williams, daughter of Christi Johnson, Niece of
Patricia B. Pasquarett, presently residing in Moore, Oklahoma to be held in trust by
Christi Johnson as the sole guardian and trustee for any distribution passing under
this Will.
. Five percent (5%) to Jaylin Christine Johnson, daughter of Christi Johnson, Niece
of Patricia B. Pasquarett, presently residing in Moore, Oklahoma to be held in trust
by Christi Johnson as the sole guardian and trustee for any distribution passing
under this Will.
. Five percent (5%) to Kyle Jay Bohannon, nephew of Patricia B. Pasquarett,
presently residing in Ada, Oklahoma.
. Five percent (5%) to Kendra Anne Bohannon, niece of Patricia B. Pasquarett,
presently residing in Duncan, Oklahoma.
. Ten percent (10%) to Shirley P. Trapp, sister of Michael J. Pasquarett, presently
residing in Bluffton, South Carolina.
. Ten percent (10%) to Karen Sue Gentleman Clopp, COUSIn of Michael J.
Pasquarett, presently residing in Great Valley, New York.
. Five percent (5%) to Carson Rose Trapp, daughter of Scott Trapp and nephew of
Michael J. Pasquarett, presently residing in Pineville, North Carolina.
. Five percent (5%) to Lauren Elise Trapp, daughter of Scott Trapp and nephew of
Michael J. Pasquarett, presently residing in Pineville, North Carolina.
-6-
. Five percent (5%) to Michael Anthony Trapp, son of Paul Trapp and nephew of
Michael J. Pasquarett, presently residing in Lawrenceburg, Indiana.
. Five percent (5%) to Elizabeth Ann Trapp, daughter of Paul Trapp and nephew of
Michael J. Pasquarett, presently residing in Lawrenceburg, Indiana.
. Five percent (5%) to Rebeka Anastasia Trapp, daughter of Paul Trapp and nephew
of Michael J. Pasquarett, presently residing in Lawrenceburg, Indiana.
. Five percent (5%) to Ariel Greer Morgan, daughter of Roxanne Trapp and niece of
Michael J. Pasquarett, presently residing in Waxhour, North Carolina.
. Fie percent (5%) to James Fowler Pasquarette, son of James A. Pasquarette and
nephew of Michael J. Pasquarett, presently residing in Burke, Virginia.
. Five percent (5%) to Patrick Ryan Flake, son of Donna Flake and friend of Patricia
B. Pasquarett, presently residing in Wiesbaden, Federal Republic of Germany.
. Five percent (5%) to Katherine Frances Tercey, daughter of Irene Terey and friend
of Patricia B. Pasquarett, presently residing in Bethesda, Maryland.
. The remaining ten percent (10%) to Scott Trapp, presently residing in Pineville,
North Carolina.
FIFTH: Until actual distribution, no portion of the income or principal shall be
subject to anticipation or alienation by any beneficiary nor shall it be subject to attachment
because of the obligations of any beneficiary.
-7-
SIXTH: If any beneficiary entitled to a distribution of income or principal hereunder
is a minor or has been adjudicated an incompetent (hereinafter each such condition is referred to
as "incapacity"), the title to such property shall vest in the beneficiary, but during such incapacity
my fiduciaries may retain and administer such property as follows:
A. My fiduciaries may distribute or apply so much of the property and any income
thereon as they, in their absolute discretion, may deem advisable for the health, maintenance,
support and education of such beneficiary, without the intervention of a guardian or any other
fiduciary. In the alternative, in the case of a minor, my fiduciaries may make any such
distribution to the guardian of the person of such minor, or they may distribute such assets to a
custodian under the Uniform Transfers to Minors Act.
B. Upon termination of the incapacity, the balance of the property and any income
remaining shall be distributed to such beneficiary, or if he or she dies during the incapacity, the
said balance shall be distributed to his or her estate.
SEVENTH: A. 1. I direct that all death taxes which may be due and payable as
a result of my death, with respect to all property includible for such tax purposes (except with
respect to the property of any trust under my husband's Will which may be includible in my estate
for death tax purposes, which property shall bear such share of the death taxes payable by reason
of my death which may be specified in my husband's Will), shall be paid out of the principal of
the Nonmarital Portion of my residuary estate.
2.
(a)
The term "death taxes", as used in this Will, shall mean all inheritance,
-8-
estate, transfer and succession taxes, federal, state and foreign, which may be due and payable at
the time indicated, together with all interest and penalties thereon, but shall not include any
generation-skipping transfer tax. Notwithstanding the foregoing sentence, the term "death taxes"
shall not include any interest payable with respect to tax which is deferred by reason of Sections
6161 or 6166 of the Internal Revenue Code (or any other similar sections which may hereafter be
enacted), and I direct that, subject to paragraph C of Item SECOND hereof, such interest shall be
charged entirely to the income (and to the extent that the income is insufficient, to the principal) of
that portion of my residuary estate from which such tax is payable.
(b) Each reference to property includible in my or my husband's estate for death tax
purposes shall be deemed to include, without limitation, any property which is deemed to be
transferred by me or by my husband, as the case may be, for Pennsylvania inheritance tax
purposes.
B. I authorize my fiduciaries to allocate any exemption from generation-skipping
transfer tax available under Section 2631 of the Internal Revenue Code with respect to any
transfers made by me (whether or not made under my Will) in such manner as they, in their
absolute discretion, may deem advisable. If the assets allocable to or held by any trust under my
Will (or any inter-vivos trust to which assets of my estate may be distributable at any time) may
be exempt in part from the generation-skipping tax, I further authorize my fiduciaries to divide
any such assets into two separate trusts so that one such trust will be exempt from such tax and the
other such trust will not be exempt from such tax, provided that if such a division is made, each
such trust shall share ratably in any appreciation or depreciation in the value of the assets subject
-9-
to any such division. I further provide as follows:
1. In making any discretionary distribution from the separate trusts after division, my
Trustees who are authorized to participate in decisions relating to such distributions may take into
account the tax consequences of any such distribution and may make the distribution either from
the exempt trust or from the non-exempt trust, or from both such trusts, as such Trustees, in their
absolute discretion, may deem advisable.
2. In making any mandatory distribution of principal from the separate trusts after
division, the amount of each such distribution shall be determined as if there had been no such
division, but my Trustees who are authorized to participate in decisions relating to discretionary
distributions may make the distribution from either or both of the trusts in accordance with
subparagraph 1 hereof.
C. In addition to the authority conferred upon them by law or under any other
provision of this Will, my fiduciaries, in their absolute discretion, shall have the authority to make
any elections available to them under any applicable taxing statutes, including (without
limitation):
1. To claim items of deduction in either the estate tax return or any income tax
returns, and
2. To select the date for valuing property includible in my gross estate for federal
estate tax purposes.
D. In exercising any authority or power granted to them by the provisions of this Item,
my fiduciaries may make or not make adjustments or apportionments among the beneficiaries or
-10-
between principal and income, and they may allocate realized capital gain, at any time or from
time to time, in whole or in part, to income if my fiduciaries determine that such allocations are in
the best interest of the beneficiary to whom such income is distributable. Any such adjustments,
apportionments or allocations shall be made by my fiduciaries in their absolute discretion.
Notwithstanding the foregoing provisions of this paragraph, a Trustee who is then eligible to
receive discretionary distributions under this Will shall not participate in any decisions regarding
such adjustments, apportionments or allocations.
EIGHTH: I give to my fiduciaries, in addition to the powers granted to them by law or
other provisions hereof, the following powers, exercisable in their absolute discretion, which shall
continue after the termination of my estate until actual distribution ofthe assets:
A. To retain all or any assets so long as they deem advisable, and to make investments
(including, without limitation, investments in the common trust funds maintained by my corporate
fiduciary) without being confined to "legal investments" under the laws of any jurisdiction, and
without regard to diversification. I specifically authorize my fiduciaries to make different
investments with respect to each of the trusts hereunder.
B. To sell, pledge, mortgage, lease without limit of time or exchange any assets, to
themselves or to others, on such terms and conditions as they may decide.
C. To purchase, grant, sell or exchange options for the acquisition or transfer of any
assets, including securities, for such periods of time and on such other terms and conditions as
they may decide.
-11-
D. With respect to any interest in a business, whether a corporation, partnership, sole
proprietorship, or in any other form:
1. To continue or to engage in any such business and to make investments
therein or loans thereto;
2. To delegate the power to manage and operate such business;
3. To change the organization thereof, by incorporation, partnership
agreement or otherwise;
4. To enter into and to carry out any shareholders or partnership agreement
relating to the acquisition or disposition of any interest therein;
5. To take such action as may be appropriate in connection with any elections
or consents to elections (or any revocation of an election) to be taxed in accordance with the
provisions of Subchapter S of the Internal Revenue Code; and
6. To exercise all other powers with respect to such business which I could
have exercised if I were living and the owner thereof.
The foregoing powers shall be exercisable by my fiduciaries irrespective of any interest
which they or any of them may have in such business and without liability or accountability for
self-dealing.
E. To vote at any election or meeting of any corporation, partnership or other entity,
in person or by proxy or to appoint agents to do so, and to enter into or extend the time of any
voting trust agreement.
F. To hold, maintain, repair, alter or improve any real estate.
-12-
G. To borrow money and to mortgage or pledge assets of my estate as security
therefor.
H. To retain and pay a custodian, accountants, bookkeepers, agents, attorneys and
investment counsel.
1. To hold or register assets in the name of their nominee, the nominee of their
custodian, of their agent or of their agent's custodian, or in bearer form, without disclosing any
fiduciary relationship.
J. To hold, manage, invest and account for separate trusts either as separate funds or
in one or more consolidated funds in which each trust shall own an undivided interest.
K. To compromise any claims, including claims for taxes, by or against my estate.
L. To make distributions in cash, in kind (valued at the fair market value of the
property at the date or dates of distribution), or partly in each, without being required to make pro
rata distributions; provided that this power shall not be construed or implemented in any manner
which would result in the disallowance of any estate or inheritance tax deduction, or any other tax
deduction, which is otherwise available to my estate or to any trust under my Will.
M. To distribute the income and principal which is payable to any beneficiary under
any provisions hereof to the beneficiary directly or to apply the same for such purposes as may be
specified in such provision, or if no such purpose is specified, as they may deem advisable
(including, without limitation, direct payment of a beneficiary's tuition and medical expenses),
provided, however, that no Trustee shall participate in any decision regarding discretionary
distributions which would satisfy such Trustee's legal obligation to support a dependent.
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N. In determining whether to make any discretionary distribution, to consider or
decline to consider the other resources available to a beneficiary [, provided that if a beneficiary
would otherwise be eligible for government or other benefits, my fiduciaries shall consider the
availability of such benefits, it being my intention that any discretionary distribution be a
supplement to, and not a substitute for, any such benefits].
O. To delegate among themselves or to others any powers granted by law or under the
provisions hereof, including, without limitation, the power to sign checks and to have access to
safe deposit boxes, the power to give instructions regarding the purchase, sale or management of
investments to any stockbroker, custodian or other agent and the power to execute instruments
required in the purchase, sale or other transfer of any assets held hereunder; provided, however,
that this provision shall not entitle a fiduciary to participate in a decision if such fiduciary is
expressly excluded from participation under any other provision ofthis Will.
P. To join with my husband in filing joint income tax returns without requiring him to
indemnify my estate for tax attributable to his income, and to consent to have any gifts made by
him treated as made one-half by me for gift tax purposes.
Q. To accept property from sources other than my estate, to be administered under the
provisions of my Will.
R. To make and file disclaimers on behalf of me or my estate without court
authorization.
S. To select the method and timing of payments of the death benefits of any insurance
on my life and of any pension and profit-sharing plans or any other retirement plans which may be
-14-
r .
payable to them and to exercise any other options which may be available to them with respect to
the paYment of such benefits.
NINTH: Notwithstanding any other provision of my Will, all provisions of my Will
shall be construed in accordance with my primary intention that the gift to my wife of the Marital
Portion shall qualify for the marital deduction under the provisions of the Internal Revenue Code,
and my fiduciaries shall not have any powers, rights, duties, authority, privileges or immunities
which would disqualify such gift for the marital deduction.
TENTH: A. I nominate, constitute and appoint Scott Trapp, as Executor and
Trustee hereunder and as Guardian of any property passing to a minor with respect to which I am
authorized to appoint a guardian and have not otherwise done so. As Guardian he shall have, in
addition to the powers vested in him by law and granted to him elsewhere hereunder, the power, in
his absolute discretion, to distribute or apply principal, as well as income, for the health,
maintenance, support and education of each such minor.
B. Upon the death, resignation or inability of Scott Trapp to serve in any of the
aforesaid fiduciary capacities, he shall be succeeded by Paul Trapp.
C. In designating a successor Trustee or Guardian, if there is more than one trust or
guardianship with respect to which a vacancy has occurred, I specifically permit the designation of
different individuals for each such vacancy.
D. My individual fiduciaries at any time serving hereunder shall have the power to
-15-
r~
I
appoint one or more individuals and a trust company (or any combination thereof) as additional
fiduciaries; and they may fix the compensation for any such additional fiduciary and designate the
time when each such additional fiduciary shall commence to serve. My individual fiduciaries
shall have the power to remove any such additional co-fiduciary and to select, or to refrain from
selecting, a successor thereto. This power of appointment and removal shall not be exhausted by
one exercise thereof, but may be exercised from time to time.
E. Any corporate fiduciary shall receive compensation for its services hereunder in
accordance with its schedule of rates in effect from time to time during the period in which its
services are performed.
F. Any successor or additional fiduciary shall have the same powers, rights, duties,
discretions and immunities as I have conferred upon the original fiduciaries named by me,
provided that any person who may at any time be serving as a Trustee hereunder shall not
participate in any decision from which he or she is expressly excluded under any of the provisions
of this Will.
G. I direct that no fiduciary serving hereunder shall be required to give bond or enter
security in order to qualify or to continue as such, any rule or law to the contrary notwithstanding.
H. I relieve my fiduciaries from any and all liability which results from their
decisions, acts or failures to act arrived at in good faith, and they shall be absolved of any liability
if they obtain approval for any past or future action from a majority of the beneficiaries affected
thereby who are then sui juris.
1. In the event of disagreement among my fiduciaries or failure to act on the part of
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t
I
any fiduciary, the act of a majority of my fiduciaries entitled to act in any specific instance shall
control and shall be binding when evidenced in writing signed by such majority, without the
joinder of or liability on the part of the dissenting or non-acting fiduciary or fiduciaries.
J. Each determination made by my fiduciaries which is stated in my Will to be in
their absolute discretion shall be conclusive and binding upon all parties and shall not subject my
fiduciaries to any liability whatsoever, at law or in equity.
ELEVENTH A.
Each fiduciary serving hereunder and each beneficiary shall have
the right, exercisable by instrument in writing, to disclaim, release or renounce, at any time and
from time to time, in whole or in part, any powers or beneficial interests granted to him or her,
provided that, in the c"ase of a fiduciary (unless such fiduciary specifically provides to the
contrary), no such disclaimer, release or renunciation of a power shall be binding upon any
successor to such fiduciary, unless the said successor shall similarly disclaim, release or renounce
such power.
B. In the event that my husband disclaims his entire interest in all or any portion of the
Marital Portion, such disclaimed property shall be added to and be disposed of in accordance with
the provisions relating to the Nonmarital Portion, including (without limitation) any provisions
thereof for or on behalf of my husband (subject to his right to disclaim all or any portion of the
Nonmarital Portion).
TWELFTH: Notwithstanding any other provisions of this Will, I direct that there shall not
-17-
r-
be any abatement of the legacies provided for under Item FIRST hereof; and I further direct that
the reduction in my residuary estate caused by the payment of such legacies shall be charged as
follows: (1) first to the principal of the Nonmarital Portion of my residuary estate; and (2) to the
extent that the Nonmarital Portion is insufficient, to that part, if any, of the principal of the Marital
Portion.
THIRTEENTH: The following definitions shall be applicable to all of the provisions of
my Will except where otherwise specifically stated:
A. The terms "children", "issue" or any other term denoting
relationship shall include: (1) any child of mine who was adopted by me, and (2) any other
adopted persons, irrespective of when they were adopted, but only if, in the case of this clause (2),
either (i) such other adopted person was adopted prior to attaining the age of twenty-one years or
(ii) if adopted after that age, there was a parent-child relationship existing between such person
prior to his or her attaining the said age and the individual adopting him or her.
B. The term "fiduciaries" shall mean, where appropriate, executors,
administrators, trustees, custodians or guardians.
C. The use of the masculine shall include the feminine or neuter and
the use of the singular shall include the plural, and vice versa.
D. The term "estate", where appropriate, shall include any trust
hereunder.
E. All references to any provisions of the Internal Revenue Code shall
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I
I
I
mean the Internal Revenue Code of 1986, as amended, and any successor provisions thereto in
effect at my death.
F. The term "minor" shall mean an individual who has not attained the
age of twenty-one years.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this f) I
day of
Q~
, 2004.
f~ /J.f ~1~
(SEAL)
SIGNED, SEALED, PUBLISHED and DECLARED by the within named Testatrix as and
for her Last Will and Testament in the presence of us, who, at her request, in her presence and in
the presence of each other, have hereunto subscribed our names as witnesses.
~01 ~~ <:).. ~ (J{/ 1701)
(Address) I
-30,% 0A.0~7 A9i. ()~, P!l17015
v (Address) J J
-19-
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
We, the Testatrix, . f? ~ ~ I'~~ , and the witnesses whose
signatures appear below, and whose names are signed to the foregoing instrument, being
first duly sworn, do hereby declare to the undersigned authority that the Testatrix, in the
presence of witnesses, signed and executed the instrument as her Last Will, that she
signed willingly, that she executed it as her free and voluntary act for the purposes
therein expressed, that each of the witnesses, in the presence and hearing of the Testatrix,
and in the presence and hearing of each other, signed the Will as witness and that to the
best knowledge of each witness the Testatrix was at the time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
r~ ,p ,f~(~
Testatrix r
kY~
./17~c(uq ~~
WIt ess
Subscr~bed, sworn to and acknowledged before me by
OQ\\n (i c... ~\ vb\:s",,~o.c~ , the Testatrix, and subscribed and sworn to before me
by the witnesses whose signatures appear above,
thi~\ ~ day of JG..l'"'-..J "-.,'-( , 2004.
/0
/-;/
NOTARIAL SEAL
AMY L. EWBANK, Notary Public
CaIlisle Boro., Cumberland Cou~,
My Commission Expires May 10, 2007
20
Estate of PATRICIA e. pASQUARETT
also known as
PATRICIA B. PASQUARE1"T
RENUNCIATION
No.~-07-a.~
, DeceeSed
The unde....;"ned ~COTT TRAPP. NEPHEW AND EXeCUTOR . of
....~ . {RiIaIIanIhIP) (CIipICItY')
the aboVe DeCedent, hereby renounce(l) the right to administer the estate 8nd respectfUlly request(s) that
Letters OF ADMISTAATION be issued to MICHAEL J. pASQUAAETT
Witness hand this Ilfbk day ~ 2007
~(lL.)~I.
~ '8"7 oSA-Dot...E A\Je ~ ~R..\J.,,-, t ~ (... 2. t?r73
(Addf'tIa) I
(SIonatuM;
~)
(SignBlIlI1!.'
(AddreSS)
swonHoor..mrmed and subscribed
,~~~II~;"~-tY day of
: ~......: WJ1
-#J.~l ~~
. ubUc'
My omml5Jsion Expires:
...u..:."""..J>U-Inu vrr.l\....t!. u.t'
REGISlER OF WIllS
2007 MAR 08 PM 3:31-,.
CLERK OF ~~
ORPHANS' COURT
CUMBERLAND CO., P A ~
'DOrAD~nT""\. r'\.T":'T':'T"""'" _......
(SignIIIunI_ ... of"'*'Y or ot/I8l'
~qutlMdta~-.. St1GW
... aI ~ d MotIrY'I C'.OI'lllIliS8i.)
NOTE: ~uncllltlons executed outside till! omce 01' RegIIlIer of WIIs are
l'8l(uirtd in some counties \0 be notarized.
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bS VXaLVK DV1t
660CltZL1L XVd tC:ll LOOZ/Cl/ZO
t
RENUNCIATION
Estate of PATRICIA B. PASOUARETT
No.
~l~D1 /~dv\
alsO known as
PATRICIA B. PASQUARETT
. Deceased
The undersigned,PAUL TRAPP. NEPHEW AND EXECUTOR
(RelalIOMIlirI1 (~I
of
the above Decedent, hereby renounce(s) the right to administer the estate and respl3Ctfu1ly raquest(s) that
Letters OF AOMISTRATION be issued to MICHAEL J. PASOUARETT
(3 ~oI 4-e~
1f)J1.6 - . 0
4:LbO vJ 6{4 IU.. 256
l-h~Y\D v.ev; J'" 47 ;llf3
Witness
hand this
(S9lRn:'
~
(~:
~I
JORDAN H. ADAMS
Notary Public, Jefferson Co., IN
My Comm. Expires Jan. 2, 20" 3
~u.;.,-,v~u.JC.LJ UI' I' lL-C VI:'
REGISTER OF WIlLS '"
2007 MAR 08 PM 3:3~..
CLERK OF ,..)
ORPHANS' COURT
CUMBERLAND CO., PA
'Rprn"Ol"""\DT""'\ 0nnTr'T"'" ,-...T"""
(~ IIlCI .... d NcMry or QIIleJ
~ IMIMed ~ ICIIIinIIIIt 011/15. Show
date d _rafiOlI d Nol8Iy'8 c:arnmilltlon.)
NOTE: Renunciatlon& .-c:ueed 0U\Side 1M 0lrMle fA Register of Wilts are
requin!d in 101II8 c:ourIIies 10 tie no~.
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