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HomeMy WebLinkAbout80-00690 ';~ \"j ",' " ;'j1 :'~ ",:. '," :~~ (~~ ,:;,~ ).~ ,~~,;r '., , No. 21..80 PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY ~~so In the Estate of I~ (\ l1'h r. l1..1,,(;dru H , deceased. To Register of Wills for the County of Cumberland, In the Commonwealth of Pennsylvania. n, Petltlonerl6lls (are) the execut " ,- named In the Last Will and Testament of 1\ " p!J I y, LJDOd,'u-f,~ dated fI~r,1 n /'17(, Decedent was a citizen of the United States and a resident of /~' (0" f!~ ,," r/... ('., Township (Borough), Cumberland County, Commonwealth of Pennsylvania. -'-. I '7.,,>,d,' I', I ('.'/ Decedent died on I"<"'Y"~I, the .~,~ day of . '~J1 ,.11h,v' A.D.19~llnthe County of C, "),,,-/,,,, U Stateof I~:n,)c, at the age of-Ll-years. Decedent has been married and haslillls~ had children born to him (hef) since the ex- ecution of the above described Will. ;j Decedent was possessed of personal property to the value of -"5'_'. c,o,1 and of real estate to the value of " .-- L.' - as near as can be ascertained; said real estate situated as follows Therefore, your petitioner(s) respectfully apply(ies) for the probate of the said Last Will and Testa- ment and for Letters Testamentary theron. Dated Od:;'~v... It' I q II Name and address of Petitloner(s) ,/' . - ~ ..( .......<:~>;.7/V I>~; ~~ .''- /C, vrl /() I (.0r;r/;-I/ H' I ,~.>- () .f)';::"j/t' /X A~ P (;1i'9j) 1/ //vk P4 / ''/c II COMMONWEALTH OF PENNSYLVANIA 1 COUNTY OF CUMBERLAND j ss named in above application, being duly .:i UIo',' h statements set forth in this petition are true to the best of '"'''01''' -10 and subscribed before according to law say(s) that the h , , knowledge and belief. me, ('l,.L.),Ld!L 19R llt/11 (J ,~,,~ Register x. /';~~j;:f/<;?f':0~ /' "'/" ~ . Flled:Cdcb".J 19"lq~1 Attorney'. ~Ka tll/~f'" /J, LOu Ks .~/(^,.ll\.t~: '..?")l~""C~ ..-_ ,,-, 50 Fr",T ", 10 (\,,!. .) s'l ::; t<clf,~, fl."" /71/3 ~ .' " 401.. "'- '- , " u.. " , :?~~ <7' \0 Or, ~ .- ~ . 1J...1:. , ;:5 c' 0-' ",<n C-O nO:: 0.' = -: ~I ,,'" " ~.'::l ........ _lC... ~-- a:;C:: ~ n-::::- ,,,,-' ~ -'u u rf-l .~~ j I \ \ I I I ,- : LAST WILL AND TESTAMENT OF RALPH I. WOODRUFF I, RALPH I. WOODRUFF, a resident of the State of Colorado, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all other wills, testaments and codicils heretofore made by me. 1. I direct my Executor to pay all inheritance, esta.te, legacy, succession and other death taxes payable in respect of my estate or of any devise, legacy or distribution under this Will or levied by reason of my death, whether or not the property, transfers or proceeds with respect to which the said taxes are levied are a part of my estate at my death, such taxes to be paid by my Executor as an expense of administration and without reimbursement to my estate by or deduction from the share of any beneficiary, legatee, devisee or transferee, and without apportionment. II. I declare that I am presently unmarried. My only child now living is JULIE MARIE WOODRUFF, born August 27, 1957. My Executor and Trustee may rely upon said date of birth in administering and distributing my estate and THE RALPH I. WOODRUFF F~1ILY TRUST created herein. III. I hereby give and bequeath all of my personal and household effects including, by way of example and not by way of limitation, jewelry, clothing, furniture, works of art and automobiles, except such property as may be used in any business in which I may have any interest, together with ',27 ~Jtl , ;' any insurance policies and claims under such policies on such property, to my daughter, JULIE NARIE HOODRUFF, if she shall survive me. IV. If I am survived by any of my lineal descendants, I hereby give, devise and bequeath the rest, residue and remainder of my estate, of whatsoever kind or nature and wheresoever situate, unto my Trustee hereinafter named, IN TRUST, to be known as "THE RALPH I. HOODRUFF CHILDREN'S TRUST", to have, hold. manage, control, invest, reinvest and dispose of the income and principal of said Trust as follows: THE RALPH I. WOODRUFF CHILDREN'S TRUST As to the Trust created herein, the same shall be distributed in the following manner: Ny Trustee shall divide the aforementioned residue into as many equal separate funds as shall make one for each of my children who shall then be surviving, and also one for the then surviving descendants collectively (per stirpes) of any deceased child of mine, which funds shall then be distributed as follows: (a) From each such fund my Trustee shall devote to such child's or children's support, health, education, travel and recreation as much of the income or principal or both as he shall deem necessary or proper for said purpose. adding excess income, if any, to principal. (b) As each such child shall attain the age of twenty-five (25) years, my Trustee shall distribute to such child, in cash or in property, as shall be determined by my said Trustee, one-half (1/2) of the principal and accumulated income, if any. of the then remaining fund set aside for such child. As each such child shall attain the age of thirty (30) years, my Trustee shall distribute the entire remaining balance of any fund which shall have been set aside for such child; provided, however, that if at the time of the creation of the separate funds herein referred to, any of my children shall have attained any of the ages herein provided, then, and in such event, such child shall receive the portion of such fund herein required to be distributed at such age and as to such child, the Trust shall continue only as to the balance of the fund. (c) In the event any of my children shall die prior to attaining the age of thirty (30) years, leaving children either born to or adopted by such child (hereinafter referred to as "grand- children") surviving him or her. then my said -2- fA ."t,.,) '",,0 ~J(/ Trustee shall continue to hold in trust for such grandchildren, per stirpes, the balance of the fund belonging to their parent, and shall distribute the income and principal in the same manner as is herein provided for distribution to their parent; except that at the time such grandchild reaches the age of twenty-one (21) years, the remaining balance of any fund shall be distributed outright to said grandchild. In the event any of my said children shall die prior to attaining the age of thirty (30) years, leaving no children surviving him or her, then the balance remaining in any fund set up fer such child shall be divided equally between the funds set up for my other children, I direct that if all of said children should die before attaining the age of thirty (30) years and none of them should leave children surviving, then upon the death of the last child the Trust shall terminate and the remaining corpus shall be distri- buted to my brother, LLOYD W. WOODRUFF, and if he shall not then be living, to his descendants, per stirpes, and if none, to those persons who would have been my heirs at law as the same would be determined by the laws of the State of Colorado if I had died on the date of the death of the said last beneficiary. (d) If an ~lergency should arise which, in the opinion and discretion of my Trustee, shall require the invasion of principal; and if in the judgment of my said Trustee such invasion will so deplete the fund of the beneficiary in need as to jeopardize the future security and financial well- being of such beneficiary, and if such Trustee shall determine in his discretion that the fund of another beneficiary can be invaded for such purpose without unduly depleting the same, then and in such event, I do hereby authorize my Trustee to invade the principal of the fund set aside for such other beneficiary, or to use the income belonging to the fund of such other beneficiary, for the use of the beneficiary so in need. In the event of such emergency invasion, then I direct that it shall not thereafter be necessary for the fund so invaded to be replenished. If none of my lineal descendants shall survive me, I give, devise and bequeath the aforementioned residue of my estate to LLOYD W. WOODRUFF, and if he shall not then be living, to his descendants, per stirpes. v. Notwithstanding anything herein to the contrary, all of the property composing THE RALPH I. l~OODRUFF CHILDREN'S TRUST herein established shall be finally distributed not later than ~~enty-one (21) years after the date of the death of the last survivor of the group composed of myself and -3- .....;1'0 'I-o.<v riM those of my children, or grandchildren who are living at the date of my death; and if at the expiration of such period any part of THE RALPH I. WOODRUFF CHILDREN'S TRUST shall remain undistributed, the same shall be immediately distri- buted by my Trustee to the persons then entitled to receive the income from such Trust in the proportions to which they are so entitled. VI. No beneficiary under my said Trust shall have the power to dispose of, or in any way assign, anticipate, encumber or charge the rents, interest or income from any part, share or Trust set apart for his or her benefit, or to dispose of, charge, or encumber that part or share of the Trust itself, or of his or her interest therein, or in any part thereof, nor shall the same or the income thereof, or any beneficial interest therein, or rights thereto, be liable or chargeable prior to the actual receipt thereof by the beneficiary from the Executor or Trustee, under and pursuant to the terms and provisions of the Trust created and declared in their behalf in this, my said Will. My intention is declared to be that the Trust created is for the benefit of the beneficiaries and not for any creditor, lender thereon or mortgagee thereof, nor liable to or available for the payment of alimony or support money in favor of a separated or divorced husband or wife. VII. Except as may be directed by my Executor or Trustee, as the case may be, or by the successor to any such person, in their sole discretion, I direct that my estate and the Trust provided for herein shall be administered free from the supervision and control of any court whatsoever. In the event that my estate or the Trust created herein shall, for any reason, come to be administered under the supervision of -4- '730 t ;wo' a court for any period or periods of time, the said fiduciaries shall be free to remove my estate, or the Trust, or any portion thereof from the said court's supervision at any time by the filing of written notice with such court to that effect, except where any statute or rule of court shall require supervision despite such direction by my fiduciaries. VIII . I hereby nominate, constitute and appoint LLOYD W. WOODRUFF, of Camp Hill, Pennsylvania, to serve as Executor and Trustee of the Trust created under this my Last Will and Testament. In the event that the said LLOYD W. WOODRUFF shall predecease me, fail, refuse or be unable to act, then the A}ffiRICAN NATIONAL BANK OF DENVER shall serve as successor Executor and Trustee. In determining whether an Executor and Trustee appointed hereunder is unable to act, a letter addressed to the successor Executor and Trustee by the attending physician certifying to the inability of such Executor and Trustee to act shall be conclusive evidence of such disability and the duly appointed successor Executor and Trustee shall immediately be entitled to act hereunder. I direct that my Executor and Trustee or his successor shall act without bond or other security in both such capacities. IX. LLOYD W. WOODRUFF may be removed as Trustee of the above-described Trust by a majority of each of the adult beneficiaries, and parent or other guardian of minor bene- ficiaries, then receiving or entitled to receive the income of the trust estate hereunder by their giving thirty (30) days' notice in \~iting to the said LLOYD W. WOODRUFF, signed by such beneficiaries, parents or guardians, and delivered in person or mailed to the last kno\~ address of the said LLOYD W. WOODRUFF. In the event of such removal, THE AMERICAN NATIONAL BANK OF DENVER shall serve as successor Trustee as hereinabove described. -5- 'i31 In the event that the fu~RICN~ NATIONAL BANK OF DENVER, (hereinafter referred to as the "Corporate Trustee") shall become the Trustee of THE RALPH I. WOODRUFF CHILDREN'S TRUST as herein provided, it may resign its trusteeship by giving thirty (30) days' notice in ~vriting delivered in person or mailed to the last Imown address of each of the adult beneficiaries, and parent or other guardian of minor beneficiaries, then receiving or entitled to receive the income of the trust estate hereunder. Similarly, the said Corporate Trustee may be removed by a majority of such adult beneficiaries, and parents or other guardians of minor beneficiaries, then receiving or entitled to receive the income of said trust estate by their giving thirty (30) days' notice in writing to such Corporate Trustee, signed by such beneficiaries, parents or guardians, and delivered in person or mailed to the Corporate Trustee's last known address. Such resignation or removal is to become effective at the end of thirty (30) days from the date of delivery or mailing of such notice. In the event of resignation or removal as aforesaid, a successor Trustee shall be appointed by an instrument in writing signed by the aforementioned persons, provided that such successor Trustee shall be a bank or trust company having trust powers with a capital and surplus of at least Five Million Dollars ($5,000,000.00). In the event a vacancy in corporate trusteeship occurs and a successor Trustee is not appointed as above provided, then the probate judge (or the presiding judge of the probate division of the District Court) in and for the City and County of Denver, State of Colorado shall, upon ~vritten application of any beneficiary then receiving or being entitled to receive income from the trust estate, or the legal representative of any minor or disabled beneficiary, nominate and appoint a successor trustee by an instrument in -6- 'iaz f{~ writing under the seal of such Court. By making the appoint- ment as aforesaid, such Court shall not thereby acquire any jurisdiction over the trust estate except to the extent necessary for the Dlaking of such appointment. Upon the appointment of and the acceptance by any successor Trustee, such successor Trustee shall become entitled to the trust estate; and all powers, duties, rights and discretion of the former Trustee shall forthwith vest in such successor Trustee, but a resigned or removed Trustee shall execute all instruments and do all acts which may be necessary to vest such title in the successor Trustee, all without Court accounting or approval. No successor Trustee shall be obliged to examine the accounts, records and acts of any previous Trustee, or any allocation of the trust estate, nor shall such successor Trustee in any way or manner be responsible for any act or omission to act on the part of any previous Trustee. x. My Executor and Trustee shall have all the powers now or hereafter granted under the Colorado Fiduciaries' Powers Act, as set forth in Colorado Revised Statutes ~15-l- 801 (1973), et. seq., as the same is now or may hereafter be amended. In addition to said powers, my Executor and Trustee shall have the following powers: A. The right to invest and reinvest all or part of the principal and income of my estate in real' or personal property, including bonds, debentures, stocks, notes, real estate, mortgages or other securities as they, in their absolute discretion, should see fit, without being limited to the classes of securities or property which are now or may hereafter be prescribed by law as those in which trust funds shall be invested and even if the same result in inadequate or unequal diver- sification. B. In making or disposing of any investments or property, the Executor or Trustee may purchase the same or sell the same to themselves, or any corpora- tion, firm or association, in which the said Executor and Trustee may in any way be interested -7- 733 as freely as the Executor or Trustee mayor could deal with an independent third party and without greater or less responsibility, all rules or provisions of law to the contrary being hereby expressly waived. C. During the minority or other legal disability of any beneficiary to whom payments of income, or payments of principal, in the discretion of the Trustee, is herein directed to be made, the Trustee Dlay make such payments in anyone or more of the following ways: 1. Directly to said beneficiary; 2. To the legal guardian or conservator of said beneficiary; 3. To any relative of said beneficiary, to be expended by such relative for the education and maintenance of said beneficiary; or 4. By himself expending the same for the education and maintenance of said beneficiary. D. To determine how all receipts and disbursements shall be credited, charged or apportioned as between income and principal, provided, however: (1) That all dividends which are payable only in shares of the corporation declaring same, all disbursements of the corporate assets designated by the corporation as a return or division of capital, and all amounts paid upon corporate shares upon disbursement of the corporate assets to the stockholders shall be deemed principal; and (2) That all rights to subscribe to the shares or other obligations of the corporation and the proceeds of the sale of such rights, shall be deemed principal. E. In addition to those authorities or require- ments regarding taxes conferred or imposed by law, my Executor shall have the following authorities and elections: 1. To compromise issues in income, death or gift tax proceedings; 2. To exercise statutory elections to claim administration, medical or other expenses as death tax or income tax deductions without being required to adjust the resulting value of the interest of any beneficiary or to make any adjustment between principal and income; 3. To use those available optional valuation dates for death tax purposes which appear to cause the lowest combined Federal and state death and income taxes, including potential capital gains tax which might be incurred during the administration of my estate or Trust, without being required to adjust the resulting value of the interest of any bene- ficiary or to make any adjustment between principal and income; and 4. To elect any available installment method of paying death taxes. -8- 734 F. In the event that I shall have designated my Trustee under any Trust created hereunder as beneficiaries under any policy of insurance on my life, or as beneficiaries of any death benefit payable from a trust forming part of a qualified plan under Section 401 of the Internal Revenue Code of 1954 of which I may have been, at any time, a participant, such insurance proceeds or death benefit shall be received by my said Trustee as a part of the corpus of the said Trust created hereunder, and no part of the said insurance proceeds or death benefit shall be applied against any obligation of my estate. Despite the within prohibition, my said Trustee is expressly empowered to use such insurance proceeds, death benefit, or other assets of my said Trust to purchase assets from my estate, for fair value, or to loan any or all of the corpus of the said Trust to my estate, provided that the terms of such loan include reasonable interest and adequate security; and my Trustee may purchase such assets and extend such loan or loans notwithstanding that the fiduciary or fiduciaries of my said estate may be the same persons as, or related to, the Trustee of my said Trust, and notwithstanding any rules of law regarding self-dealing by fiduciaries to the contrary. G. Any corporate fiduciary acting under this Will shall be entitled to reasonable compensation for serving in such capacity. I request that such compensation be comparable to charges for similar services made from time to time by professional fiduciaries in the geographic area in which the services are rendered, and that in all events such compensation shall be commensurate with the services actually performed. All fiduciaries under my Will shall also be entitled to reimbursement for expenses necessarily incurred in the performance of their fiduciary duties. H. All powers expressly or impliedly conferred by the provisions of this Will, and by the provisions of the Colorado Fiduciaries' Powers Act which is incorporated herein as though set out in full, shall be exercised by my Executor and Trustee without seeking the aid, authorization, order or approval of any Court. All such powers shall be exercisable by my Executor and Trustee in any jurisdiction and without any duty on any person dealing with my Executor or Trustee to inquire into their authority. Each and every successor Executor and Trustee shall have all of the powers, rights, privileges and immunities herein given and granted to my Executor and Trustee first named. I. The enumeration of the foregoing specific powers shall not be deemed to limit or restrict any other powers of my Executor or Trustee, since it is my intention hereby to give unto my Executor or Trustee any and all powers over my property and estate which I might have if living. -9- '735 .' , ' Xl. \fuenever reference is made in this Hill to "children," this term is used to denote children born or adopted either before or after the execution of this Will, and I specifically direct that only those of my stepchildren, if any, who I may have adopted at the time of death shall be included in the class of persons referred to in this Will as my children. \fuenever reference is made in this Will to "grandchildren" or "descendants," these terms are used to denote lineal descendants of all generations whether born or adopted either before or after the execution of this Will. Whenever reference is made to persons, unless the context otherwise requires, words denoting the singular may be, and where necessary shall be, construed as to denote the plural number; and words of the plural number may be, and where necessary shall be, construed as to denote the singular number; and words of one gender may be, and where necessary shall be, construed as to denote such other gender as may be appropriate. No general pecuniary bequest hereunder shall bear any interest, notwithstanding the fact that distribution of such bequest may be made more than one year after the date of my death. This Hill has been created under the laws of the State of Colorado, and all questions pertaining to its validity, construction and administration shall be determined in accordance with the laws of that State. I, RALPH I. WOODRUFF, the Testat~, sign my name to this instrument this ;? It day of {Cho( t'P ,1976, and being first duly sworn,' do hereby dec1are to the under- signed authority that I sign and execute this instrument as my Last Will and Testament and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. /0. c--- . -10- '736 '. '. He, SAl1UEL L. LEVY ,SANDY GAIL NYHOLN and LINDA SUE HARRIS , the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testator signs and executes this instrument as his Last Will and Testament and that he signs it willingly, and that he executes it as his free and voluntary act for the purposes therein expressed, and that each of us, in the presence and hearing of the Testator, hereby signs this \Vi11 as witness to the Testator's signing, and that to the best of his knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. . / ",:/ ' /" 1/ //' /' / ('>,-_'(.>'" ,./' ./ //" /L_'.___..r_ _" 'J'( .", /' "/ Hitness t. . i I '\~i~~e's;'0/ ;~;,{ ,-r);~./ ;{(,{;~i(.J I (/' ,--.,./.. / , '-7:"",","L' , .' I (" 1~_'.rL,,-,,, L.... . \~itness -/ j i \..AV4.,A.~-<../ STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) ss. ) Subscribed, sworn to and acknowledged before me by Ralph I. \Voodruff, the Testator, and subscribed and sworn to before me by Samuel L. Levy , Sandy Gail Nyholm and Linda Sue Harris , witnesses, this 17th day of April ,1976. HITNESS my hand and official seal. My commission expires Sept. 24, 1979 . . - I )'r II!'!" I\.., TI/r d, ,vi Notary Public -11- 1'37 OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA I ss: COUNTY OF CUMBERLAND f ThE' day of A.D.,19 befor e, Register for the Probate of Wills and granting letters of Administration in and for said County of Cumberla , In the Comm ealth of Pennsylvania, personally came the subscribing witnesses to t oregoing instrument of writir.g purporting to be thL last Will Dated County Pa., deceased who being duly late of according to law, depose and say, that sign, seal, publish, pronounce and declare the said instrument of writing as and for h . e of so doing was of sound and disposing mind knowledge. observation and tef. and subscribed before Register AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA t ss: COUNTY OF CUMBERLAND \ LlO'f<1 \'J. 4\t.(i((I-LI'~t+ being duly .') I ht<~' 1. :Sv.J('~~", says that as nearly as can be ascertainerl the said decedent died on lJ 1,\0""'11 {f I . I) ~.s ,/a" 0- at or about :;1. )/r..{ day of .5, " J <' , )l I..' I- V f:J A.D.,19_, the t.oo o'clock, r M. <~ lo._'(l rn and subscribed this -\ " ~. -';i';//0I~Y:~/ (j' /T_ J, .,11.., "TJ (,~;) )day of ( (,t,.t....., I 19.J.L;d!t;; . //(~d;j &.,f,~~ . , ?/: Register 'i'38 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for the County of ~" " / ..' ," _.1.<",,1 GJ (I ',r, 7,( 1..."../.1 ,J ' o~: who, being duly !<-~ ,do,-;. depose and say that as r "r' ( v '/ c' ,- I )'] '\0../,,/. I will well and truly administer the goods and chattels. rights and credits of said deceased according to law. And Cumberland. personally came of the last Will and Testament of , '--j p- ] {j.t drv fI deceased also will diligently comply with the provisions of the law relating to Transfer Inheritances.' ;., -'n- and subscribed before me. ( 'c /, /6 A.D., 19-.!L -"'~$//f/-t~:>5//" 9l(~1 fl, ofA~ Register "):) :-...... . .:-.... -' <:L ~,- c) ! L ~..-: :::. hi .-I: L \0 '""'<..: '!jl co: C)i:~ ~ :c.."1, :01 en hJhl ~;, ~~_l :Ql ~f 01-- bf:j. :" ",<Eo c:::. . - :Ql 0- -j' 10 ur..:> r.c.::5 ""w a::'" ~ :JU ~ U 1.0: oj LL. ....., coj 0'< 0 ....: .-I, ::I, r..' 6- r..: ~ Ql: 0 ...J '0: 0 .0: ~ m 0, 0 0: \(): 0: l:Q ~? (/.l, ,: ...J :.::: = 0: 6- 0, co: - ,. ~ " 3: H' . d ..-l! .c:' c tl C\J1 ,~ +l cxi c.( 't:l ~ .-i: Ql 0 ro: 't:l r-i . : ~, .... N T"'! Z 0 "i " C\l oS Ql .... Ql 't:l = 't:l bIl Ql 0 .... = - '" c .~ Z "" 01 Q., ~ DECREE Be it remembered that on the 1 gth day of October .A.D..19~, there was probated and recorded the last Will and Te~tament of Ralph I. Woodruff late of East Pennsboro Township . Cumberland County. Pennsylvania, Deceased. Letters Testamentarv were granted to Witness my hand and official seal the day and year aforesaid. Lloyd W. Woodruff '{39 . . ~ ' 'A ~,,' ~~ '1 ~ . Register J . \:'"::1 ~ ! .'. ~ -r,t " '.. ;;~:"':. ',', ::.~~..{\;,:. ::";-, ::~rrt ',,:\':;f).\\ .'";"','1;.;; , <I'A; ,". ':f~" 1- :' ,<,,-ll .:.:t. :,~~).~~\L'~~;Wl;';;';.r'(;:~,."---"'.:' .'~. """'- ~ ..~ , " ':~'. -.;;..".. -", ,,-. '. ~~~>.:a.l\~v;./~.~~~l:"(~~'\~'<_,f.,>.':<:;.:' ::,. . , ,..... _\ ,:\i,~:::. , '. . . ,;.;!'i..~l..-. ..........',.,,1.. - . .. . " :~\'.."i!.Sii;;:~~;!-"~''''-'''', . - .. ' ',' .. . 1;.}Y~l;::.~'~.: ,'C~C Fewm 17. Rc". ~... LETtU\ -a.do"d p"ht"Junlr.... 1'1:4-46 ~'.~l Sir...... DorM"'. Colando1S.1-S0111 i{;~~:~'~~\ ~ , .',".\\:.'.....;i " -~\ 't:' ~':';';;t ,~~~' ~:~~ <,,;It~ :)l':':' h...' .,' .(;r~.::l' ,-,,',. .1.'-, .1\:, ;;\ .11.71 - Court Filing Stamp IN TilE -D~ COURT I=iU;D IN THE DISTRICT COURT IN AND FOR TilE jO { -e.. x )k" '/ I L t" / @I "~L . 'i"':~: ".....;. 'I'. ~. ,I.' \":'1' . ,'t":; ,~ l . .'j!i . "":')1 . ~. , ,~;;; - : '~J: ,I;: t.~,' f~:r COUNTY OF JEFFERSON , "~T 23 197B STAn: OF COLORADO JEFFERSON COUNlY, COLORADO Probate No, 78 PR 287 IN TilE MArrEH OF (TilE ESTATE OF) RALPH I. I~OODRUFF, LE1'm RS (>>I'Jl('XVltl) (Prnlech,d Person) (Mil!()1'I XloKlpX<.'\tl(c.i (t :t'l(,:<.ll\' THE PEOPLE OF TilE STATE OF COLOHADO To.1I to whom these presents shall come - GREETINGS' WHEREAS, on the _ 23rd Lloy.!L~~ilpur l-/oodru f f day of _Qc_tober ,19 78. .was dul)' appointed or qualified as . CO!l~,QE..vii_t9.r I1!l of the eslnte of the .bo\'e named \<bIot::>lOl->>t) (protected person) o of the .bo\'e named (minor) (incapacitated persnn) by this Conrt or its Registrar, with nil the authority thereto pertaining; NO\\'. THEHEFOHE. lhes<, lellers.. of Conservatorship are issued as e,'id('nce of such appointment or qualification and authority. CONSERVATOR SHALL HAVE NO POl-JER TO SELL REAL ES'l'Al'E IHTHOUT FURTHER ORDER OF COURT. WITNESS, my sign.ture and the seal of this Court, this _~d ~-x~LY..// , CUlri=r Hcgistr.r of Comt day of October 78 ,19_. (Seal of Court) by_ .....,......... -..- cou::;.,. r.: liIHW;ON 1 ,. I, .I:,::U :.:. ~'~:': ~iF, :~!Cf!( (Ii thi' DiStilCl Cour!.' ... ': " ; "~,; ~:b:.'..:, ;')} L::' jr.;~ ! '. L:, 'j. :-.. ,. ; ~ ;.\y -For decedent's stairs, insc..'rt Pl.'rsonal fil'llrcsentalivc For property lI1~lIlilg('m(~nt. insert ConsNvator For (K'nonal guardianship. insert Guardian For SIX'CI.l! Administrator. insert Sp'.!ciaJ Adminislnltor. . :1': ~. ..' .. :.i.: L:':"J;i3 nd: !,.', ,,,. "Insert one of the fi)l1o\\'in~: 01) Tcslamcnt;ll1' b) Of ....dmiuistriltiou c) Of Guardiauship d) Of COIISl,,,..,turshil' el Of SI't'Ciill ....dministratiou VI'; ~l~::;:: r', 'hiY,?,Zi.\,:'" ,[':31 ," (!:;?ZZ??L~ ~ 1',"''''.7' ::',;;,..1, ,?:JI _ .." " IN THE t~TTER .oF THE ESTATE .oF IN THE C.oURT .oF Cml1\!ON PLEAS .oF CUliBERLAND COUNTY, PENNSYLVANIA RALPH I. W.o.oDRUFF ORPHANS I .C.oURT DIVISION NC. (/,0 D'fl;",..: 1980 IN RE: HEARING DATE .oRDER .oF COURT AND NOW, .october 28, 1980, hearing in the above matter is fixed for Friday, November 14, 1980, at 10:30 a.m. in Courtroom No.3. It is directed that the appropriate parties be given ten days' notice by certified mail. By the Court, J. David Keller, Esquire :ssg 8OiI,; :..IJ't ;:.,;f:.; ...._::;::::::'C........_. t.., c: l[; C".- ~ ,~" ;;-:.-;:: ...:, ..~ ..,...~ L~.;}. ';::1 g.:;:~ f~~1J 10;" ~"':"' rl::5 ~{:..> w -", 1.'_ I., c:..,.." CI(': u..'~' gt:." ot:;j <..>,'-' ~'" rr. N l- e:..: c:. o fO 6. Your petitioner was appointed Conservator of Ralph I. Woodruff's estate by the District Court of Jefferson County, State of Colorado, on October 23, 1978, as evidenced by the Letters of Conserva- torship issued by the Registrar of that Court on that said date, a copy of which is attached hereto, marked Exhibit "A" and by this reference made a part hereof. 7. The assets of the Estate of Ralph I. Woodruff are in Colorado, which renders management thereof by your petitioner difficult and in- efficient. Your Petitioner desires to have the said assets brought to Pennsylvania. Your Petitioner believes that this requires him to be appointed by your Honorable Court as guardian of said estate and, therefore, respectfully petitions this Honorable Court to appoint him as guardian of the Estate of Ralph I. Woodruff. 8. If this Honorable Court appoints your Petitioner as guardian of the Estate of Ralph 1. Woodruff, your Petitioner will present a copy of said order of appointment and a final accounting to the District Court of Jefferson County, Colorado, together with a Petition requesting that said Court terminate his position as Conservator and permit him to remove all assets of Ralph I. Woodruff's estate, with the exception of real estate and household items, to the Commonwealth of Pennsylvania. 9. Your Petitioner believes that the assets of the said estate can be better invested then they presently are, and that said invest- ments can be better managed if said assets are brought to Pennsylvania. - 2 - BGG:: i () "/ , ' .' .' . ,. ,~ .: ,,/,... V'.i:.) 10. The Petitioner has no in terest adverse to Ralph I. Woodruff and is not the fiduciary or an officer or employee of the corporate fiduciary of any estate in which Ralph I. Woodruff has an interest nor the surety or an officer or employee of the corporate surety of such a fiduciary. WHEREFORE, Lloyd W. Woodruff, your Petitioner, prays the Court to appoint him guardian of the estate of his brother, Ralph I. Woodruff. Respectfully submitted, )f~/M),(~ "'Lloyd W. wo~ ff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: LLOYD W. WOODRUFF, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. .~ ~/ /,1' _~ Sworn to and subscribed ...........:......:........ ~'ef6:re';m~.' this IS ft~ day :~". .!.;:..'~7::..:. ,', :..... ,...., ..... ..._.."'~..l'\. ';~1g:t~:: ',",' .:.,'.... .... ,,' "';, r . 0 NpTARY PUBIJC 1'ti/IH,.,.,.."",.I. ... 'I -no,o.u...:JOD upiro! Doc. 21, 1981 ;.,. ;"J.?yn::-, P~. C~l~!;oorJond Cat:mf1 . -," ~UI" BGG:; " I: v.j ~ . ACCEPTANCE UY PROPOSED GUARDIAN I certify that my domicile is 550 Devon Road, Camp Hill, Cumber- land County, pennsylvania, and that I am an individual engaged in the teaching profession as a professor at PSU Capital Campus; that I am 59 years of age and a citizen of the United States; that I am able to speak, read and write the English language; that I am not the fiduciary or an officer or employee of any corporate fiduciary of an estate in which my brother, Ralph I. Woodruff, has an interest or the surety or an officer or an employee of the corporate surety of such a fiduciary; that I have no interest adverse to that of my brother, Ralph I. Woodruff; and I agree to accept the appointment as guardian of the Estate of Ralph I. Woodruf.f. ,:--?:6~/;;{ d;~/ Ll~ W. W odr~ OC' '... . ;,.. U IV.. .l.J i . .. ~. , ' ;:"'_J ,......- "........... i: ,l. '.t II.,' .~I ., , \. *~,I): lot \01" I,. " " .',.j ........ , , . ., CQur1 tOiling 1'1.",p " '. . COUl\T IN TilE -1)ISTFH"r , j ':.- .' I" " .. . FILED IN THE DISTRICT COU~T "!;T 23 1970 "'EFf~RSON COUNlY, ,'.. . . (;O~ORADO IN AND FOil TilE COUNTY OF yErFERliiP~ ,'. ". . STATE OF COI.OIIAOO ., ',.' , '~.',~,:.'-: .\ . , . , \. : ,'. ", Prubate Nu, 78 r~ 287 ;:'!:~:':':':"~'.": . ') ~I" ,.. ,. . :. .; ,..'. ~".:" . .... >:';"~~""i~r~~.\~'/.:' ". . ':/~;': '. .~ I .'., .'1:'. . ,: j'.. '~';' :". ';'!~ III~ "'hlTfll OF (TilE ESTATE 91-") .' '. ..... .,' . ~t.~1l t '. . WOODRUFF, . , , LE1TEIIS ~,~ ': i: : . ... " r..., I .... (Ill~dl (I'/lllcctecl l'cr"lII) (WiIIQII~'iUlll>lt~i<l:<.)l'f TI!~ rEOPI~E OF TilE ST.nE OF COLOItAUO TO;lIl lu whum lhe,. pro'ellt> .hall cOllie - CHEETlNGS: WIIEIIEAS. onlh. __ ji! 3rd day uf ~~t9ber _, 19..l!!., Lloyd_~i~bur !looQruf~______.______________wa' duly appointed ur qu.lillr~ as' . Conservator ---.---.--.- ~ of the .,wte uf the above nallled l<bfoe:>>llUl) (protected pe"o,,) o uf the abo\'e named (I~i"ur) (illcapacitated per",n) by this Court or Us He~i.trilr. with all the autl'lJrilY thereto pertaining, NOW, TIlEIIEFOIlE. Ihc".lcller." of Conservatorship ..r~ issu~tlO1S c\,idt'l1ct: uf such iJppointment or qualification and aulhurity. CONSERVA'I'OR SHALL lIAVE NO POWER '1'0 SELL REAL ES'l'A'I'E WI'I'HOUT FURTHER ORDER OF COURT. WIT!l:ESS. lilY lignature and the seal of this Cuurt, this ._ 2 3rcl_day or Octobc.I:.-, lQ..1!, -L ~-----..---_._----.. l_=:.;:-=-=~ -:'~==~'..-"'''_C'_",: C~h'?L_A// C16rio:Dr n~gistr.r or Court . -~-- '-'--"--~-.-fl":-I ~.:::...:..::;~.:...::.-.:::.=, :.::. -,:,:_:,,:,:___n~___ - ___n._ ____.._... "___ ---------- EXlIIBI'!' "A" f;:,~ "if. 1 .,,',::.\.~.", ~~ 1.."1 !),-~hr.:;;:~.) '. i;, ~ .~.,;:,': " .:;'.~:\',. \ " :_ ~Il'".~,;~ I. .,.',. ':"~~'~:~ ; 'i:~..'\.i-.A:j\: \ f....~lv~~, ' ".,lo~.\ ~. ":i:t'. ',f',' \.' ,", ,-\{,..,j'. ;;. ..; ~.: ' ". " ,'.. ; . ".~ :"';1:' , 1"1'.1 :11;' j.. I' , , . "'1 ~! _'_. ......_._.._n....._...._,... ..._ . . , ~r..~.........~'~,..._~It'.,.- ., . .... -.-. -" ..",___...-.. , '-M~ 6....60.~ ......j"I.:;...J__._.~~ LA"? onlc.ES THOMAS I. MYERS JAMES D. HOWER HORACE A. JOHNSON JERRY R. DUfFIE C.ROY WEIDNER. JR. EDMUND C.MYERS JAMES D. FLOWER, JR. DAVID S. KEUER MYERS. MYERS, FLOWER lil JOHNSON THIRD 13 M^RKET STREETS p, 0, BOX 125 LEMOYNE, PENNSYLV^NI^ 17043 01 C011!J',ll JOHN E. !<.tYf.R) ROBERT L. MYL:R5. JR. TELErllONE 117~76t.4540 1 WEST HIGH STREET C^RLISLE, PENNSYLV^NI^ 17013 TELErllONE 717-2.19-3022 November 7, 1980 "l . I'" " Ii" , ~ l ;' The Honorable George E. Hoffer Judges Chambers Court House Carlisle, Pennsylvania 17013 . of -a (~ Re: In the matter of the Estate Ralph I. Woodruff No. 690 Orphans' 1980 - - Dear Judge Hoffer: This will confirm our telephone conversation of Wednesday, November 5, 1980 in reference to the above captioned matter. I advised you that I intend to present at the hearing on the matter an affidavit by the attending physician, pursuant to Section 5518 of the Probate, Estates and Fiduciaries Code. 20 Pa.C.S.A. Section 5518. That Section provides, inter alia as follows: "In any hearing relating to the mental condition of a person whose competency is in question, the... sworn state- ment by... a physician... at any hospital or institution shall be admissable in evidence as to the condition of an inmate of such hospital in lieu of his appearance and testimony, unless by special order, the Court directs his appearance and test- imony in person." The attending physician of Ralph I.Woodruff is Dr. Stankovic, who maintains his office at 4 N.30th Street, Hill and who limits his practice to internal medicine. you. Ljubisa Camp Thank Very truly yours, /~ MYERS ,,1M, tERS, FLOWER, ,COHNSON (.,' ~/<j .,' ,I ,0S( / , I / '--::k' ;/,/' c..----' .' iiavid S. Keller DSK/lw cc Roy W. Woodruff . IN THE MATTER OF THE ESTATE OF IN THE COURT OF CO~~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. G" '"1 0 1980 RALPH I. WOODRUFF AFFIDAVIT OF LJUBISA STANKOVIC M.D. I, LJUBISA STANKOVIC, being duly sworn according to law, depose and say that this statement is given at the request of the Petitioner in the above-captioned matter. I have personal knowledge of the facts set forth herein and these facts are true and correct to the best of my knowledge and professional opinion. I am a physician practicing in Camp Hill, Cumberland County, Pennsylvania, and I limit my practice to internal medicine. I am the attending physician of Ralph I. Woodruff, who is an inpatient at the Blue Ridge Haven West Nursing Home, on Poplar Church Road in Camp Hill, Cumberland County, Pennsylvania. I see Mr. Woodruff on a basis of approximately one time per month, unless some condition, such as pneumonia develops necessitating more frequent treatment. Mr. Woodruff is suffering from a severe brain injury, which resulted in organic brain syndrome. He is bedridden, cannot walk and cannot sit up without aid. He is capable of no verbal communication. It is impossible for us to measure his mental ~-I ~ ?,Kj. MYERS, MYERS, I'LOWER& JOIINSON - ATTORNEYS AT LAW 301 MARKET STREET, LEMOYNE, PENNA. - 1 W. HIGH STREET, CARLISLE. PENNA. processes, as he is incapable of any communication; however we have some indication that he can signal affirmative/ negative with his fingers. The prognosis is only for further deterioration; there is no indication of any chance of improvement. \ C7ru/vV'--<"1.;"~ ,MD Sworn and subscribed before me this II "*-~1 of November 1980 0....6..,., '-'-"- "(j ~?Y Notary Public NO!ARY PUEUC My .~m.n:.jon E:tpirQ, Dee. 21, 1981 ,-,=yu., Pa. Cumberland eounrj October 31, 1980 Mrs. Julie Woodruff Gates 130 South Holman Way Golden, Colorado 80401 ReI Ralph I. Woodruff - Hearing Date Dear Mrs. Gates I This is to inform you that the Court of Common Pleas of Cumberland County, Pennsylvania has fixed priday, November 14, 1980, at 10130 A.M. in Court Room No.3, a8 the time and place for a hearing on the petition of Lloyd Wilbur Woodruff to be appointed guardian of the estate of Ralph I. Woodruff. The court has directed that you be given ten (10) days notice of this hearing by Certified !~il. Lloyd Woodruff WAS appointed conservator of his brother's estate by the District Court of Jefferson County, Colorado, on October 23, 1978. Lloyd and Ralph now both live in Camp Hill, Cumberland County, Pennsylvania. por this reason, Lloyd believes that the efficient management of Ralph's estate would require that he be appointed guardian of the said estate by this court. Very truly yours, MYERS, MYERS, FLOWER , JOHNSON David S. Keller DSK/jac EXHIBIT "A" a ~ 0 0:> S!l .... .:l III ,-< fi: :0- 0 -,;, c: -- ~ R~~R"" ~' <-:, q- ,,' ..," .. r;:.~ '. " . l' . . g[~ " ' David IF, KElll,er~E,q,:\j.~e , ~ ~ MyerS,. ~ver~l~'~:,;::=~:,~,,~~h,nson Slf rO . '.:.'.r..~.: ~';> .. .. ~ ~ . ..~'t-', '.' ,.. Po no" BOX 125' .~. .~ . ,," ~ : ISl...!'o;P,O, u<..j:: ....... . '. ..... , " l.Q~ytl~ ., o~Ug?r]~r~~1~' l'~O~3 ICily,S'.. ,~dlIP.~~) ,...' , ' '. .. . JIL._ : EXHIBIT "B" 6. Your petitioner was appointed Conservator of Ralph I. Woodruff's estate by the District Court of Jefferson County, State of Colorado, on October 23, 1978, as evidenced by the Letters of Conserva- torship issued by the Registrar of that Court: on that said date, a copy of which is attached hereto, marked Exhibit "A" and by this reference made a part: hereof. 7. The assets of the Estate of Ralph I. Woodruff are in Colorado, which renders management thereof by your Petitioner difficult and in- efficient. Your Petitioner desires to have the said assets brought to Pennsylvania. Your Petitioner believes that this requires him to be appointed by your Honorable Court as guardian of said estate and, therefore, respectfully petitions this Honorable Court to appoint him as guardian of the Estate of Ralph I. Woodruff. 8. If this Honorable Court appoints your Petitioner as guardian of the Estate of Ralph I. Woodruff, your Petitioner will present a copy of said order of appointment and a final accounting to the District Court of Jefferson County, Colorado, together with a Petition requesting that said Court terminate his position as Conservator and permit him to remove all assets of Ralph I. Woodruff's estate, with the exception of real estate and household items, to the Corrunonwealth of Pennsylvania. 9. Your Petitioner believes that the assets of the said estate can be better invested then they presently are, and that said invest- ments can be better managed if said assets are brought to Pennsylvania. - 2 - BCiG:; it) {' ,., ,c 'r v'~j " 9.a. That Ralph I. Woodruff was a member of the united states Air Force, having entered active service on October 23, 1943. He was separated from the Air Force on March 7, 1946. His serial number was 36-696-334; his rank was Staff Sergeant. He is receiving no veterans benefits. 9.b. That Ralph I. Woodruff is a widower and is a patient in a convalescent home, Blue Ridge Haven West, Inc., which is a private institution. 9.c. That the next of kin of Ralph I. Woodruff is his daughter, Mrs. Julie Woodruff Gates, who resides at 130 South Hollman Way, Golden, Colorado. Mrs. Gates has evidenced her consent to the appointment of your Petitioner as guardian of the Estate of Ralph I. Woodruff, as shown by the Affidavit which is attached hereto, made a part hereof and marked Exhibit "B". 9.d. That Ralph I. Woodruff has no guardian already appointed and that service of this Petition has been made upon him, as evidenced by the proof of service attached hereto, made a part hereof and marked Exhibit "C". - 3 - 8GG:: :..O'i' ,,' - ~ ~~,j 10. The Petitioner has no interest adverse to Ralph I. Woodruff and is not the fiduciary or an officer or employee of the corporate fiduciary of any estate in which Ralph I. Woodruff has an interest nor the surety or an officer or employee of the corporate surety of such a fiduciary. WHEREFORE, Lloyd W. Woodruff, your Petitioner, prays the Court to appoint him guardian of the estate of his brother, Ralph I. Woodruff. Respectfully submitted, ,...-,.- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: LLOYD W. WOODRUFF, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. ---?- '// l~, /' /" i .0/ /h-;---1'/<-;,r; / loyd W. Wood Sworn to and subscribed "....:,I.I...lj,....... ,":be:fot't~ <mEf'" this 1.:5 B1 day .....,/-,~-.'/ I ,~'~~ ':'..,.:" \~ i":::{~:~~~~.f~~r-..~_ 1980. :,':::.:'", ~~i,:'PUb49~~CS- ').i,,.;,:,:,~:i,:,;,,,i~dTARY PUBLIC . j,fi'.~m::l!!jon Erpfres D.c. 21, 1981 .... .... :. ':..._~':;Dd Countt ..', .,.)" Co c'r' 8r,,;.. ........ ." __ vu J ~rc f..", 11. Mc'. ,., a LIIl..' -........., r..."........... " ....... -. -- ......~-_.- 'U, ~ "I 1'~'~ . ,A:' ,::" " .:. ., CQurl t'iling li...np ":":,,,: .': " " ' CQU\l1' IN TilE Jl!';'l'IHr'l' , . " IN AND \,'011 TilE _ COUNTY OF i.lEff~R!?O~ ;1"" " . . FILED ,IN THE DISTRICT COURT . , ., '1(;T 23 1970 " . .,I6Ff~RSON COUNlY, .. ,;'" ,'C;;9LORADO , " STATE Oi" eOl.OllADD' ",obate No, '18 r" 28'1 '. "~:: ,., "I ~ , ' (: \": ." " '" .' ,. . ',,:' \'11" ,..;'.' . . , 1.1'. '.. ' . ,:',,:':;i',;;:,)':,:' .-'\ " '.-.-.', ,:'. :,' ". '. '~,,, \' ,'I .i' ',' ,t.; l;' ;'!I'J Tll~ MhTfp,l\ Of (TilE ESTATi' OF) . ..',,'" --,' ',' . ' . , ' ~~f" ~. WOODRUFF, , " ,'. " : :. , . LETrERS (01lO(-X.->lIdl (1'lOtedell Penon) (biIiIllQ~~'lUUl>~rl(l:<.li~ Till!: rEOl'l,E OF TilE snn: OF COLOI\ADO . . , To all 10 wholn these pre,ents shall cOllie - GilEETINGS' WIlElli'hS, onlhe __ j! 3r...!L-.._-'-:"- day of --9<::tober ,19-.ll, Lloyd Wilbur wooaruf f . d I . I,d I'" ~ .. .__._._--------...----------."'.' u y appmn e ur qU.IlI~~ as , ~!l~erva tgr ------ gg of Ihe e,tale of Ihe abovt: nallled ~0I:lrl1lU<<) (protected person) o uf the above named (n!inur) (incapacit.ted person) by this Courl IIr lis I\e~istrar. will. all II." authurity thereto pertaining. NO\\', TIiEKEFOHE, Ihe>t. ICllers" of Conservatorship illre i~~uell us c\.'idell('l;: uf )uch appointment ur qualification and omthnrily. CONSEHVA'1'OR SHALL IlAVE NO POWER '1'0 SELl, REAL ES'l'A'l'E WI'l'HOU'f FURTHER ORDER m' COU R'l', WITl\ESS. my ~ig1\ature alld the se.1 uf Ihi, Courl, Ihi~ _..2.J1:d__dayof Octob~. IO]!, -\ .T'UlJ1)t"C'ilr.,"~n'n.."4........... . ' . , '. l__;::--=::.:.:.::..:;.-::..:.'-:.==:~::::.:.--.... ~A~L.A// _1'.t..~.Q.."i...rJlo~nLCO'ut------ I' h ~ EXHIBIT "A" , ',' ~~~ \ '.1: f" " ;',\.'" I', '~" ,,~i'i ~.t (r, I" 1 .. ;~ ,.... .f;/~ ..,,)...\ . '" ,',:,~:';"r.:~~ t' ", ,...i.:,....\"-' .~~-,~~'\'. ~,,:, ..' f:\'<~~\'\ ...Kl" ,. ',1'\1' .~ ':',; t '.~,', ':'. . ',~ r.ll' ,;r:"~ / .:; , .'.", , , "" ,.~ .. . , ;",C'--j' ',. :' ~: j' ('." " i"...... , ! ~ :, ' . ~! ~ r" . ~!I " _ _~ w.___...~..~-. -.__ ',';'l''':-1~ -':.:7",,:~~~,::,.~'~,lI:~'.:.:~ ......::":T' ......."'\..;J.6-.;...='~::-~ '. . " IN THE MATTER OF TilE ESTATE OF RALPH I. WOODRUFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 690 1980 AFFIDAVIT OF JULIE WOODRUFF GATES STATE OF COLORADO ss: COUNTY OF JEFFERSON I, JULIE I~OODRUFF GATES, being duly sworn according to law, depose and say that this statement is given at the request of the Petitioner in the above-captioned matter. I have personal knowledge of the facts set forth herein and these facts are true and correct to the best of my knowledge and belief. I am the daughter, only child and next of kin of Ralph I. Woodruff, who resides at the Blue Ridge Haven West Convalescent Home in Camp Hill, Cumberland County, Pennsylvania. I am aware that my father's brother, Lloyd W. Woodruff, has been managing my father's assets and financial affairs since shortly after my father's accident in November of 1977. I participated in the proceeding before the District Court of Jefferson County, Colorado, in which Lloyd Woodruff was appointed conservator of my father's estate and I was fully in accord with that appointment. I have no objection whatsoever to the appointment by the Court of Common Pleas of Cumberland County, Pennsyl- EXHIBIT "B" MYERS, MYERS, FWWER &JOIINSON - ATTORNEVS AT LAW 301 MARKET STREET. LEMOVNE. PENNA. - 1 W. HIGH STREET, CARl.ISLE, PENNA. vania of Lloyd W. Woodruff as the guardian of the estate of my father, and I am in agreement with and support such an action by that Court. ak V~aLu,' / Julie Woodr Gates Sworn to and subscribed before me this 'It/.. day of~"/"'-" , 1980. /*-"'" e,. 6. . ~"h Notary pub"iarc-'- ,f'".. " .: .:~::;i ~~t ~,:,~~- .~, ---- -------- TAXAT 6% :::1:;' .':- ' {~ A)/':'~:::" ~J *, ;,(RECEIVED' Lloyd W. woodruff ~:?:F~OM " . " ~2~:~~D~ES' .. ilj)):~:.' . , ~~ESTA~fN-FOR~TION:'-----------------------~-- t<.\;DA~gF.~o/'oTH . ! I" 'Ht.,j;;,~J>.,:.,:,\,;,,,,,,,..',:,"'.'" . .t- iI-;/;:'11'r.~'1\~" ;-::""',:'. , ,FILE NUMBER . :&'X~:~.'IOW~~Y':", ',.' ~~~~t~E~'~~YM'~NT . ~V~~,~1::r:;,~.-,;.::-~..- ',- '. -',. ir;l~NAMEOFDECEDENT ~~'i,~1~~' ., ~r~7~-~~----~~~------------------ --------- ;',i,: POSTMARK DATE ~ ,Jr'"',::"v",," .. ~_' :~~~~ARKS: PAID ON ACCOUNT Wi v.;, ',' \ ,~', ;:;,,', . fft1' .1 , ~~ \:. ,<1. SEAL !4(( ,,;'.' ~ ::::,. ~. ~tf., ,:}:\,,',: t.<:1c . ..,. . ~FWj:~j:,?::\: -- ~.....'~.,...- TAX AT 15% TAXAT_% ESTATE TAX TOTAL TAX CREDIT m LESS DISCOUNT % INTEREST TO_I Ul PLUS (FROM m TOTAL AMOUNT PAID 12 ,ooo.oli:~ :','.:i RECEIVED BY "-,: ,," REGISTER OF WILLS ._.,. I . .' -.' . . --- -."- --- - --'- - --- -- --'---'--:!"'-sn-"'-";-~.r-:-~~:;::~'~ - . . (~'I-7~"'t%'~;' f~::: ~'-~;'; /.: "'41' ':'v..;' ~ '"1. IT:' .. ~.' ~: ~,it 1I IiI";' , . n "I''l!'., '~"" ... ~'~. . '. ... ,',!d~~, ,.. .~ ~ '.... j . I '/..'f.: ..J.'.' :"~.. .. )'~,. ^ ~ '~" 14 _iJ:.,~... \... j',l~i:t-.:. ~;~~~~;""l'r.. "~~~~~ 11 ( I . ,-p. ,.,,-., '/ I I ,"' ~ \ ~< ~ " '-"j :.r: '" \ 1'...... ,~ .;' ., l.~ , j.',:j " ll'''~'' .,r"~~ ~ jJ ;,<:: . _ '. ),--,,,", ." j~ i \~~, . ~ ., Ij" ~" ...;, . .,.' ,': - . ..;~._.,..-...... ~~~..~ - . ltfV.l500EX+ (2-82) ~ COMMONWfA~!Ni\(lVAtjl^ Dt;',.,IIl'M(NT Of IlEVlNU( _..tAU Of IltAMlHATlOH ".O.IOKI377 HAIIlIllISlUIlG. PA I710S DECEASED CHECK APPRD. PRIATE BLDCKS CORRE. SPONDENT Name RECAPIT. ULATION AND TAX CALCU. LATION INHERITANCE TAX RETURN ! RESIDEf!!" DECEDE~T ) c2 I - Y (1 - 10 q () ( -.:j,;J. -;L/ File Number Decedenl's Address 770 l'aplal' ChUl'ch Road Camp Hill, Pennsylvania Decedant's Nama (Lan, First, and Middlalnitial) illEE.. Ral h 1. Social Security NUlnbur Dale of Death 318-16-4791 September 22, 1981 " Original Roturn 0 2, Supplomenlal Return 0 17011 3. Remaind'3r Return 0 Zip 17101 Under penalties of perjury, I daclare Ihatl have examined this relurn, including accompanying schedules and statements, and to the best of my knowledge and belief, i is true, correct, and complete. Declaration of pre parer other than the personal representative is based on all information of which preparer has a v/g~' <;?) L,;.V1....,,-< c;;: , 2-6> /;/10 /' P0? ~ IGN E OF PERSONA RESENTATIVE(SI AODR 5' , ATE 4, LilaEstalaD 5, Fedoral Estala Tex GJ Return Required. 6. Oacedant died tRSlala ~ 7. Oecadenl mainteined a living D 8, Total Number of s.fe D (Allach copy of Will) ~ trust (Attach copy of trun) deposit boxes inventoried All correspondence and confidential tax informalion should be directed to: Kathleen A. Weeks> Esquire Telephone No, (717) 233-1000 Address Citl' Harrisburg Stale PA Recapitulation 1, 2, 3, 4, 5. 6, 7, B. 9, Real Estate (Schedule A) Stocks and Bonds (Schadule B) Closely Held Stock/Partnersbip Intere" (Schedule C) Mortgages and Notes (Schedule D) Cash & Miscellaneous Personal Property (Scheaule E) Jointly Owned Property (Schedule F) Transte" (Schedule G) Total Gross Asse" (total lines 1.71 Funeral Expenses Administrative Costs/Miscellaneous Expenses (Schedule HI Oebts/Mortgages/Uens (Schedulen Total Deductions (total lines 9 & 10) Net Value of Estate (l;ne B minus line 111 Charitable Bequests (Schedule J) Net Value subject 10 tax (l;nel2 minus line 13) ( 11 ( 2) ( 3) ( 4) ( 5) ( 6) (71 -0- 310,310.24 -0- 114.881.70 81. III. 96 -0- -0- ( B) 506,303.90 ( g) (10) S4.730,15 -0- 10, 11. 12, 13. 14. (111 54,730. ]5 (12) 451,573.75 (13) -0- (14) 45] , 573. 75 x,06= 27,094.43 x,15- -0- (17) 27,094.43 Computation ofTax 15, Amount of Iina 14 taxable at 6% rale (15) 451,573.75 Un elude values from Schedule K) 16. Amount of line 14 taxable at 15% rate (16) -0- Unclude values from Schedule K) 17, Principaltaxdue (add taxfrom line 15 plus tax from line 16) 18, Total Prior pay men": la) Amount Paid 12.000,00 (b) Plus Discount 6 31. 57 (e) Minus Inlerest -0- (1 B) 12 , 631. 57 19. 8alance Due (l;nel7 minus line lB) Make Check Payeble to: Register of Wills, Agent ... PLEASE RECHECK MATH'" (lg) ]4,462.86 Jut-. t-:<.J-J'-z. OATE o L TURE OF PREPARER OTHER THAN REPRESENTATIVE REV-CM I:::)(t (10-80) COMMONWEAL TH OF PENNSYLVANIA OEPARTMENT OF REVENUE TRANSFER INHERITANCE TAX RESIDENT DECEDENT RALPH 1. WOODRUFF ~ ~..-""'~'" j@\ ' " }~~) '-'~~"1~~~) I.r. .,,'.,......~,... ... SCHEDULE "A" REAL PROPERTY (Instructions Oil Reverse Side) ESTATE OF - - ESTIMA TED DEPARTMENT ITEM DESCRIPTION MARKET VALUATION NO. VALUE IOFFle/AL USE ONL Y/ NONE TOTAL -0- If additional space is necessary, use Bll" x 11" sheets. IIV.11Q3IX+ ('."1 SCHEDULE "B" STOCKS AND BONDS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF RALPH 1. WOODRUFF All property lolntly-ownitd with Right of Survivorship mun bll dlsclotitd on SchMtule "F") FILE NUMBER VALUE AT DATE OF DEATH 2.750.00 4.125.00 2,632.00 2,641. 00 95.71 16.710.60 112,518.12 1,3]0,22 2,500.00 124,820.49 39,387.10 ITEM NUMBER 1, DESCRIPTION 100 Common Sharcs Farmcn's Gl'OUp Insurancc 250 Common Sharcs Tuscon Elcctric Powcr Company 5 Common Sharcs Municipal Invcstmcnt Trust Fund SR69MPS 5 Common Shal'cs Municipal Invcstmcnt Trust Fund SR71MPS 57.089 Common Sharcs Mcrrill Lynch Capital Fund, Inc. 4,646.48 Common Sharcs Financial Industrial Fund, Inc. 15,847,623 Common Shares American Growth Fund, Inc. 168.192 Common Shares Ncw Pcrspectivc Fund, Inc. $5,000.00 Platte River Powcr Authority Bond 2323.106 units Nuvccn Tax Excmpt Bond, Fund Scrics 107 6478.142 units Uvccn Municipal Bond Fund TOTAL (Also enter on line 2, Recapitulation) $ 310,310.24 (If more space Is needed Ins.rt .ddltlonal sheau of same size) NOV i 1 1981 Central Bank oINorth~n... lynd. Ch.. Aul"oInl Cuhler Nov 2, 1981 Kathleen A Weeks Skar1atos and Zonrich Attorneys at. Law 204 State Street Harrisburg, Pennsylvania Dea r Ms. Weeks, In reference to your letter of October 27, we have researched our records and find that the time certificate # 20206 was redeemed on April 28, 1980. On the date of death we had on deposit in the name of Ralph I. Woodruff, a time certificate # T3313 in the amount of $28,391.40, with accrued interest of $1,326.21. Y~urs truly, ? .J..~' rY'-9=. C/1",,_ c::z;:.-- .. . Ly da Chea Assistant Cashier . CentrillBilnk or North Dcn~er 3400Wesl38lh ",,('nut', Oemer, Color",do 80211 30J/433~781 M(MBlR f1O(RM D1rOSIlIN!lURANC( CORPORATION ~,'-",-'-l [--J~ '...-T J' :;1_. . .:.......;-...;- .., . JAN 08 1982 rOIlT',crs Insula nee Group Federal Credit Union Po. Box 2478, Terminal Annex, Los Angeles, CA 90051 (213) 932-3200 January 4, 1982 Kathleen A, Weeks, Attorney Law Offices of Skarlatos & Zonarich 204 State Street Harrisburg, Pennsylvania 17101 Re: ESTATE OF RALPH I. WOODRUFF Account No. 053870 Dear Hs. \~eeks: Enclosed is check 11189672 in the amount of $2,000 representing life savings insurance benefits on the account of Ralph Woodruff, payable to the beneficiary, Julie }larie Hoodruff. Also enclosed is check 11111541 in the amount of $7,449.54 repre- senting the entire savings balance including dividend to date of withdrawal. In reply to your question in your letter of November 30, 1981, the dividend of $362.11 is included in the account balance of $7,297.24. The above transactions settle Hr. IVoodruff's account with the Credit Union and the account is now closed. ver: ,..tru;:...yours '/7 "V' ... ". ;6 -----' .J.-b - . '.."i "... . ~.' . .Y , ".e.A/t:.'.~/ ,: - /-/ -., v"-........ Kevin S, Foster-Keddie General Hanager KSFK:bk Enc 1. REV.l$O(1(X+ (9.111 SCHEDULE "E" CASH AND MISCELLANEOUS PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF RALPH 1. WOODRUFF FILE NUMBER (All property lolntly-owned with thu Right ot Survivorship must be dl.closod on Schedule "F"I ITEM NUMBER 1, 2. 3. DESCRIPTION Account II 3034058-5, Westcrn Fcdcral Savings and Loan of Denver Date of Dcath Balancc Checking Account 1/ 302-106995-4. Commonwcalth National l3ank, Date of Death l3alance Coin Collection TOTAL (Also enter on line 5, Recapitulation) (It more spaco Is ne.ded Insert additional sheets of same ,Izel :'.'.,~_;';:;::"O..~:'_. VALUE AT DATE OF DEATH 59.777.84 21,274.45 59.67 $ 81,11I.96 ~ Commonwealth National Bank / ' ._ l",,- ~.-,,-_~ __h____~ I, , Skarlatos & Zonarich 204 State Street Harrisburg, PA 17101 Dear I1s. Weeks: NOV u5 1981 November 3, 1981 Re: Estate of Ralph 1. l'oodruff In reply to your letter dated October 27, 1981 On the above estate, the following information listed below is as of n.O.D. September 22, 1981: Checking Account _ $21,250.51 Opened - 2/26/79 11302-106995-4 I." t/) T-"';, ~/oI7",- Accrued Interest - $23.94 ACcount in the names of Lloyd 1,. Woodruff conservation for Ralph I. Woodruff. Interest from 1/1/81 to 9/22/81 _ $514.89 If you have any questions, please feel free to contact us. ~IT/ cg . Very truly yours, ~:~:L::::~~ Credit Analyst The CommOnwealth Naliona' Bank, 10 SOUlh Marke. Square, H,'rrlsburg, Pa, 1710B 17171 564.9500 '1V.15111~+ (,.,11 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE "H" FUNERAL EXPENSES. ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES ITEM NUMBER 1. 2. 3. 1. 2, 1, 2. 3. 4. 5. 6. 7. FILE NUMBER RALPH 1. WOODRUFF DESCRIPTION AMOUNT A, Funeral Expenses: Gilbert W. Parthmore Funeral Home - funel'al expense 771.00 Miscellaneous Funeral Expenses 30.37 Deorio & Sons - gravemarker expense 105.52 B. Administrative Costs: Personal Representative Commissions Lloyd W. Woodruff, Executor's Fee 26,000.00 Attorney Fees See Attached Sheet 27,417.80 C, Miscellaneous Expenses: Winfield Garrison - Nursing 112.00 Postmaster - stamps, postage 15.78 Stankovic - Doctor's biJI 55.00 Professional Pharmacy - dt'ug biJI 98.97 Lloyd W. Woodruff - conservator's fee 75.00 Bell of Pennsylvania - phone biJI 37.02 11.69 Sammon's Communication - cable payment TOTAL (Also enter on line 9. Recapitulation) 54.730.15 $ Of more Ipace II neoded Insert eddltlonellheeu of ume Ilze) IEV.151:1EX+ (9.11) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF RALPH 1. WOODRUFF ITEM NUMBER 1, ITEM NUMBER 1. SCHEDULE "J" BENEFICIARIES NAME AND ADDRESS OF BENEFICIARY A, Taxable Bequests: Julie Woodruff Gates 130 South Holman Way Golden, Colorado 80401 FILE NUMBER RELATIONSHIP AMOUNT Daughter 100% B, Charitable Bequests: NAME AND ADDRESS OF BENEFICIARY AMOUNT $ TOTAL CHARITABLE BEQUESTS (Also enter on line 13, Recapitulation) -0- (If mer. .pace I. n..ded In.ert additional .hut. of same size) REe!)",' r.[[" , '82 ,III 2i~ II", ~ t : r': '"," K J REV, 1S47EX ('-82) BUREAU OF EXAMINATION I NOTICE OF INHERITAN~E TAX PENNSYLVANIA DEPARTMENT OF REVENUE APPRAISEMENT ALLOWANCE OR v DISALLOWANCE P.O, BOX B327 . HARRISBURG, PA 17105 OF DEDUCTIONS. AND ASSESSMENT OF TAX 101 ASSESSMENT CONTROL NO, ESTATE OF WOODRUFF DATE OF DEATH 09-22-81 NOTE: TO INSURE PROPER CREDIT TO YOUR ACCOUNT PAYMENT TO THE REGISTER OF WILLS OF THE AGENT." IF TAX PAYMENTS ARE MADE WITHIN OF 5% OF THE TAX PAID MAY BE DEDUCTED, DATE FILE NO. 21 80-0690 COUNTY CUMBERLAND SUBMIT THE UPPER PORTION OF THIS NOTICE WITH YOUR TAX ABOVE COUNTY. MAKE CHECKS PAYABLE TO "REGISTER OF WILLS, 3 MONTHS OF THE DECEDENT'S DATE OF DEATH, A DISCOUNT RALPH I KATHLEEN A WEEKS ESQ 204 STATE ST HBG PA 17101 PLEASE RETURN THIS PORTION TO REGISTER OF WI LLS IF PAYMENT DUE ~loI~ _A.!-9~~ _ ,!:HJ~ .!-!fo!E, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF WOODRUFF RALPH I FILE NO,21 80-0690 ) CHANGED TAX RETURN WAS: (X) ACCEPTED AS FILED APPRAISED VALUE OF ESTATE: 1, Real Estate (Schedule A) 2. Stock.s and Bonds (Schedule 8) 3. Closely Held Stock/Partnership Interest (Schedule Cl 4. Mortgages and Notes (Schedule 0) 5. Cash & Miscellaneous Personal Property (Schedule El 6. Jointly Owned Property (Schedule Fl 7. Transfers (Schedule G) 8. Total Gross Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Administrative Costs/Miscellaneous Expenses (Schedule H) 1 Q. Debts/Mortgages/Liens (Schedule I) 11. Total Deductions 12. Net Value of Estate 13. Charitable Bequests (Schedule J) 14. Net Value Subject to Tax ASSESSMENT OF TAX: 15. Amount of line 14 taxable at 6% rate 16. Amount of line 14 taxable at 15% rate 17. Principal Tax Due TAX CREDITS: PAYMENT DATE RECEIPT # DISCOUNT (+ I INTEREST H 631. 57 12-22-81 069901 THIS ASSESSMENT IS BASED ON: ORIGINAL RETURN NO INTEREST IS DUE IF PAID BY 06-22-82 IF PAID AFTER DATE INDICATED SEE REVERSE FOR INSTRUCTIONS, ( 1) ( 2) ( 3) ( 4) ( 5) ( 6) ( 7) ( 9) (101 (151 (161 ACN 101 DATE 08-16-82 .00 310,310.24 .00 114,881. 70 81,111. 96 .00 .00 ( B) 506,303.90 54,730.15 .00 (11) (12) (13) (141 54,730.15 451,573.75 .00 451,573.75 451,573.75 .00 27,094.43 .00 27,094.43 ><'06= X.15= (17) AMOUNT PAID 12,000.00 TOTAL TAX CREDIT BALANCE OF TAX DUE 12 631. 57 14,462.86 (If Balance Due is less than $1.00 no payment is required) RETAIN THIS PORTION FOR YOUR RECORDS _. , , a5 .,.,'" '" ::l~ ~:= ._:t:J :0 r-:1 , r--.; , -'" , :: I, INFORMATION This document is the Notice required to be given under Section 709 of the Inheritance and Estate Tax Act of 1961 (72 P,S. section 24851. If the tax is paid within three (3) months after the decedent's death. a discount of 5% of the tax paid is allowed. . Inheritance Tax becomes delinquent nine (9) months after the decedent's death. Interest is charged at the rate of six (6) percent per annum on the amount of unpaid tax. (SEE EXAMPLE BELOW) EXAMPLE: If a balance of tax due of $2.000.00 is in a delinquent status from 3-3-80. and payment is made on 5-23-80. the interest is calculated as indicated below: STEP 1 Determine the rate of interest from the table below. STEP 2 Multiply the balance of tax due by the rate of interest. STEP 3 Add the interest to the balance of tax due. 2 Months = 20 Oays = Rate of interest = ,010 ... ,00335 ,01335 Balance of tax due Rate of intere!>t INTEREST $2,000.00 x .01335 $ 26,70 Balance of tax due Plus Interest to Date of Payment 1+) TOTAL tax and interest to Date o f Payment $2,000,00 $ 26.70 Interest from 3-03-80 to 5-23-80 Results in: $2,026,70 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 month .005 4 months ,020 7 months ,035 1 0 months ,050 2 months .010 5 months ,025 8 months ,040 1 1 months ,055 3 months ,015 6 months ,030 9 months ,045 1 2 months ,060 1 day ,00017 11 days .00186 2 1 days ,00352 2 days ,00034 12 days ,00203 22 days ,00369 3 days ,00051 13 days ,00220 23 days ,00386 4 days ,00068 14 days ,00237 24 days ,00403 5 days ,00085 15 days ,00250 25 days ,00420 6 days ,00101 16 days ,00267 26 days ,00437 7 days ,00118 17 days ,00284 27 days ,00454 8 days ,00135 18 days ,00301 28 days ,00471 9 days ,00152 19 days ,00318 29 days ,00488 1 0 days ,00169 20 days ,00335 30 days ,00500 -- ---- - - - - -- - -- - - - ------ - - - - - - -- - - - - - - - - -- - - - - -- - - - - - ------- - ---- ---- Any party in Interest, includIng the Commonwealth and the personal representative. n01 satisfied with the appraisement and assessment may object within sixt~' (60) days after receipt of thiS Notice as provided by Scclion 1001 of the Inherilance and Eslale Tax Act of 1961 (72 P,S. sec, 2485 - 1001), MAKE CHECK OR MONEY OROER PAYABLE TO: "REGISTER OF WILLS, AGENT" DETACH THE TOP PORTION OF THIS FORM AND SUBMIT WITH YOUR PAYMENT TO THE REGISTER OF WILLS FOR THE COUNTY SHOWN ON THE REVERSE. SEE THE INHERITANCE TAX INSTRUCTION BOOK FOR ADDRESS. I: ; : : I i I : ' .o'.... __1_. I, . . ~i:~ II. ",'J, , f"~ " I ~' .-.-......- ..~ !./': ~. (..~ :. ~ ~. ,~.~ ~.r;:,", .. ..../ ~" .. : .~. ~, .. i i ., ~ . . . T"' . ." ',~;-,. II: u H (; III is ~ -< Z ... ~ 0 ~ " Z < " -< N ....1 It :; ~ ... :- I=l <n '" z Z '" " Z :- ... " ~ " ~ Il.. Z (f) It <n C 0 ~ "' '" " F-< 0 ::l <: -<: CI '" ~ ~ III Il1 '" <: 21 ~ [fJ ~ ..8 ~ 8M M 00 :>'0 M+>t'- ....<=:M ,., ., ""8-0: 'H ~ 0'0 MaID Ql........ +> ~, 00 00$,.... 'bb~ ~ &Clu ...... .' , " '... ,ilf,,\ -.,. ....l.:'i. ,,',', . ., I "~. ~~[t . , ~,," "~~. . $ I . '.; ~~ :~:~J"::: ~ f:'t(.:~~~; "'jJ~~.J:. , f;..~ . '. I .~.'".':t ~ '~t .s.!!" ~,t. ", . ". '.' ".,t ,'r~ tt: lot" '.' <,4. '01[:-, '.! ': '! , 3 , ' .' " . ~\, , . \.-\~ .," ,"-", ...; " ". ",- " .... ~ .; ,:' ; . ~..'''; "::.. >" .. 1, . ,,';,: .l>":.~; .~ . '~',:~~ ( , It,,H'' \ j",( .<1 ~.~,.' . ;J' ~ .. ,ri"~. ";..:;0, . "<;"'s ,; .' ... ."~; ".t".., "'..., f.:j'f; ,%, ., ;" ~....o~ .~, ;.. ) r. ,. !~ _ '.. ~ ,,' '!!~. It,;,' ~: . .' I~~:, ':;j',. '!l,.~. . ''ft". . , '; ,,~. ~\... ". .. ''"~' t-,;. . _' ~l' f ", 'r~,. ~.,-~/ ('j., '. .:of1~:~" ~. . ~..: . .. {'\' t.:- "'.J..jf:l .. ., ',:.11:, ...... -,: ',,!- i '. " ,~ ."~' ; - ~1' ~.~~.,::: -',c' . ,....~..' '.-t. ~~ "t .,,' J , / " .y 'i. " , r ~\ '( . I , i ( V' ~~), " " '" ~, ,,' :f II':,' /r~~" . t ....~ . , I , I I , .(;;:,!~r' .J1, 't~~ ~ / '.~ \'i ..... . -' AwO~LO SKAUUTOS flOUUelOlUI JOliN R. ZONAIUCII I<.ATIILEEN A. WEEKS ROmm:T w. WAHG1~H DON A. Lf.ATllURMAN Register of Wills CUnberland Cbunty Cburthouse Carlisle, PA 17013 SI{ARLATOS AND ZONAHICH A"'OUNIWS AT LA\'I~ ~O.~ STATE STlumT JlAIlIlISBUHO. PI~SNSYI.V.\NI^ 17101 (7171 U3:J-1000 September 9, 1982 Re: Estate of Ralph I. Woodruff -) / y,(-') ,- { c;/ Ci ;;,...0"'"----\ - J ./ Dear Registrar: Sl'IU~LTON OIl'J'ICB P. O. llox 7jjO STlml.TON. PI~NNSYI~VANIA 17113 17171 OfJOe03tm Enclosed please find a check in too arrount of $14,462.86 for too a.b::>ve captioned Estate. Thank you for your kind attention to this matter. KAW /ej f Enclosure. Sincerely, \.;t-dJ-/~-IU~ Kathleen A. Weeks .Jj. 1 '_~...rC~ : ,; i ,,' (..,J-('4h-. t ....' .~,.. .:-i,..,: , ( I" l..:.'f ..-:~S:l -----.- m ~ : p:lI:' ,,~"" AssessmentControl No, pw.-.... "l '... .',' " '1-7'l1~ 0./' '.: .J ~ ;" .-,", .<.- ", ,,~ MI 'f\' .,.>" .' :;:' .,'1981' E2]mTALAMOUNT,PAID ~._;, - ",' .' .RECEIVED BY . .<!\\. REGfSTEROFWllLS "t.,' i;~.':,;' .~1<t-~T:~i.:!::~"~:':0.i-: ,.. .t.,"'.. ,. ~:%.::L} .-.re ';^t.': .,;.:.-J:;;'.:. -,---.-----------------.- 1\ .. '. " ~~. ' ','!!:... i" '-'tt:' " " '. , ) . . :. ~ ,_.Il, :l.J\.o.r;l:" ~~&,;,.",.. 'I~:\'~~ ,"." ..........w,).. ..,''S>.r. ;;,1 )':r !.I \ "-.' ',' ;.! '. ',:('1 . .). . -- _ ..,..._...-"l".-.... '...' ., ~~.77'"""~'~---~-----:--'-~-----~---_.""":'-~,~jI,~';~~ "~'-iN" 'f' .' . .' "',., ~""'"'''' ' ~l~'f7:':~~r.,.r,:<.'~_'" -.' -' . ". -,~-;':;::':;.;:f'.:;':',;\. . ~ ~"";' . ~ .l.j "". - _ ....j '," ,.'>.iJ-I"" ~,.t;-.('"".v"".... .. . ..,...,,,..,~,,,.. , ~:\rt~t..~l.:~;,:;.;;..' .' :;; ~ir{.\.~1:(~}~.\~ m ~ Assessment Control No. .rabate -f_'" ,'.. ::-1' ~~"...~ ftll, Ati~. , '17101 ;',' .J J~ . .MI " . ',~' ,. ':.J '-" "-''', 1982' ",';",' .;Ii.,':;-,"- '.;:," ',"",' ,': -,. .,..... 1181" m, TOT~LAMOUNT P~I[l . " .' RECEIVED BY '. REGISTER OFV>'lll:.S.. 'c' ":) ''''','' to,' ""\;\'.';;':. ".' , ...':..,:.:'.'... .;.:;~: ;',< -, ' . ----------------,-- " ~,..z'J< " ~11~~\l. ~ ..,: " ':~, ',' .J I 1':'\ ! IN TIlE CDURT OF CXXI~KlN PLEAS OF cu.IDERLAND COUNl'Y, PENNSYLVANIA ORPHAN'S COURT DIVISION roo 21-00-600 ESTATE OF RAlPH I. \IIX)I)RUFF, DECEASED LATE OF EASr PENNSroRO Tal'NSffiP INVENfORY Value 9/21/81 1. Real Estate: -o- Il. Stocks and Bonds: Unit Value 1. Held by Merrill Lynch, Pierce, Fenner & Smith, Inc. One Liberty Plaza 165 Bl'Oadway NEW York, N.Y. 10000 100 shares Fa.rJrers Group Ins. 27.50 $ 2,750.00 250 shares Tucson Electric Power Corrpany 16.50 4,125.00 5 shares MIT SR 69 MPS 526.450 2,632.00 5 shares MIT SR 71 MPS 528. 00 2,641.00 2. Held by Jersey National Bank One Exchan@a Place Jersey City, N.Y. 073:>2 57.089 shares Merrill Lynch Capital Fund, Inc. 16.04 915.71 3. Held by Tlr.mas Elliott, Esq. (Certificates show 548 shares and 2223 shares) 4646.48 shares Financial Ind- ustrial Fund, Inc. 3.5004 16,710.60 4. Held by United Bank of Denver for AccotUlt of Ralph Woodruff 15,847.623 shares American Gravth Fund, Inc. 7.10 112,518.12 5. Held by Thanas Elliott I Esq. $5,000 Platte River P~ver Authority Bond 2,750.00 "r'__O.__ 10 6. Registered with United States Trust Carvany of New York, John Street Office 13) John Street New York, N. Y. 10038 2323.106 lU1its Nuveen Tax Exempt Bond Fund Series 107 53.73 124,820.49 6478.142 lU1its Nuveen Municipal Bond F'lmd 6.08 39,387.10 7. Held by American Funds Service Canpany 168.100 shares New Perspective Fund, Inc. 7.79 1 ,310.22 SUB- 'IUl'AL $310,560.24 III. Mortgages, Notes and Cash 1. Specific Performance Contract with Jake R. Valdez 10% Interest, Balance for 9/81: $28,285.00 Face Value: $29,000 as of 3/1/76 Maturity Date: 4/1/88 Property Subject to Mortgage: 4312 W. 38th Avenue, Denver, Colorado Monthly Principal & Interest Payments: $258.00 28,285.00 2. Western Federal Savings and wan of Denver 700 17th Street Denver, Colorado 80202 ACCOlU1t No. 3)34058-5 Balance 9/22/81 59,777.84 3. Commonwealth National Bank Harrisburg, Pennsylvania 17101 Checking Account No. 3)2-106995-4 Balance 9/22/81 21,274.45 4. Certificate of Deposit T-3313 Central Bank of North Denver, Colorado Principal $28,391.40 + Interest $1,326.21 for Date of Death Total 9/22/81: $29,717.61 29,717.61 -2- PRINCIPAL OONVERSION INfO CASH: GAIN lOSS OORroRATE STOCK 1. 100 shares of Fanners Group Insurance Proceeds: 2893.52 Inventoried At: 2750.00 S 143.52 2. 250 shares of Tucson Gus and Electric Proceeds: 4822.66 Inventoried At: 4125.00 697.66 3. 5 shares Municipal Investment Trust Fund 69 MPS Proceeds: 2764.20 Inventoried At: 2632.00 132.20 4. 5 shares Municipal Investment Trust Fund 71 MPS Proceeds: 2754. 3) Inventoried At: 2641.00 113. 3) 5. 13).926 shares of New Perspective Fund, Inc. Proceeds: 1278.49 Inventoried At: 1310.22 31. 73 6. 59.002 shares Merrill Lynch Capital Fund, Inc. Proceeds : 950.52 Inventoried At: 915.71 ~.81 7. 4646.48 shares of Financial Industrial Fund (2771 shares redeemed 8/17/82: $10,752.31) (3332.69 shares redeemed 10/05/82: $13,893.32, of which 1875.48 represented Principal Changes and 1457.21 represents reinvested Incane) Proceeds: 18570.82 Inventoried At: 16710.60 1,860.22 1I3ER 104, PACE 270 ':. i~ ~,~ -4- GAIN I.DSS OONDS AND ~ORrGAGES: 1. $5000 Platt River Power Authority Bond IsslEd: 4/01/76 Proceeds: 4589.88 $1,839.88 Inventoried At: 2750.00 2. 2323.106 units Nuveen Tax Exempt Bond Fund Series 107 Certificate #107-1604 Proceeds: 122,869.07 Inventoried At: 124,820.49 $1,951.42 3. 6478.142 shares Nuveen Tax Exempt Bond Fund, Inc. Sold: 08/3:>/82 Proceeds: 43,338.77 Inventoried At: 39,387.10 3,951.67 4. Jake Valdez Mortgage Inventoried At: 28,285.00 (Balance 9/81) Principal Fmts. 380.29 Balance Due on 12/31/82 27,004.71 -D- -D- 5. Julie Woodruff MortgagB Inventoried At: 52,866.85 (Balance 9/81) Principal Fmts. 301. 58 (Forgiven: Balance Due on 8/25/82) 07/31/82 52,565.27 -0- -D- 'TOI'ALS $8,803.26 $1,983.15 NET' GAIN: $6.700.11 ll~E. 104. PAGE 271 -5- PRINCIPAL DISBURSFJ.IENI'S: 09/28/81 09/28/81 09/28/81 09/00 /81 10/02/81 10/05/81 10/07/81 10/07/81 10/07/81 10/07/81 10/08/81 10/14/81 10/16/81 11/16/81 12/04/81 12/07/81 12 /21 /81 12/21/81 12/22/81 01/22/82 03/18/82 03/23/82 03/23/82 03/26/82 06/21/82 06 /21/82 06/21/82 07/01/82 07/01/82 07/12/82 07/12/82 05/17/82 Gilbert W. PartlUIPre FUneral IIane Thomas B. Elliot-outstanding light bill Sammons Communications, Inc.-balance cable bill Winfield Garrison-nursing Postmaster-shipping Thrift Drugs-packing for shipnent of personalty Dr. Stankovic-doctor's final bill Professional Phannacy-final drug bill Jean Woodruff-travel for Conservatorship, Sept. Lloyd W. Woodruff-Conservators fee, Sept. United Parcel Service-shipping Bell of Pennsylvania-final phone bill Register of Wills Cunberland County-probate D. Deorio and Sons Memorials-engraving Patriot News-estate advertisanents Keystone Portable X-Ray Register of Wills, Agent-deposit on Pennsylvania Inheritance Tax Skarlatos and Zonarich-Iegal fees partial Lloyd W. Woodruff-Executors fee partial Farmers Insurance Group Credit Union-aebit for closing out account Merrill Lynch-legal transfer charge Merrill Lynch-annual service charge Myers, Myers, Flower and Johnson-Guardianship legal fee Th:Jmas G. Elliott, Esquire-finalize Guardianship Skarlatos & Zonarich-reimbursanent for estate ads Donald F. Schueller-appraisal fee Internal Revenue Service-Federal Estate Tax Internal Revenue Service-Federal Estate Tax (Balance Due) Skarlatos and Zonarich-attorney's fee Thomas Elliott, Esquire-consultation re: Colorado Law 252.72 Lloyd Woodruff -balance of Executor I S fee 13,000.00 Merrill Lynch-mkt. ltr. sub fees 44.00 Register of Wills, Agent-Pennsylvania Inheritance Ta..x 14,462.86 , $183,869.00 lIB(~ 104. PAGE 2"/2 -6- $ 771.00 31. 79 11.69 112.00 15.78 3.01 55.00 98.97 10.00 75.00 17.33 :r7 .02 210.00 105.50 76.19 70.00 12,000.00 13,000.00 13,000.00 24.21 15.00 35.00 387.00 508.73 34.50 3Xl.00 00,000.00 6,104.67 13,000.00 .~....ct.~_~ .~:~.7~; PRINCIPAL CHANGES: 1. Western Federal Savings and Wall of Denver, Colorado Statement Account No. 3034058-5 Inventoried At Interest Earned: 9/22/81-12/15/81 Withdrawal 12/15/81 Deposited to Cbmmonwealth National Bank Checking Account 12/15/81 and then to Merrill Lynch Management Account 1/19/82 $59,777.84 899.52 (Reported on Incam Sheet) 60,677.36 60,677.36 Account Value 1 -0- 2. Farmers Insurance Group Federal Credit Union, ws Angeles, California Statement Account No. 5387-0 Inventoried At: Interest Earned: 9/22/81-1/22/82 7,297 .24 176.51 (Reported on Incam Sheet) (24.21)(Reported on Principal Disburse.) Close-Out Fee Withdrawal 1/22/82 Deposited to Merrill Lynch Cash Management Account 7,449.54 7 ,449. 54 _0_1 Account Value lAll funds reported now in Merrill Lynch Cash Management Account No. 872 3:>854. lI~t~ 1n4 pm 273 -7- j ') ~.l , ~; PRINCIPAL CAPITAL CHANGE> (Continued): 3. Cannonwealth National Bank, Harrisblll'g, Pennsylvania Checking Account No. 3)2-106995-4 Inventoried At: $21,274.45 Less Checks #426, #428, #430 Totalling $355.00 Which 355.00 Cleared after Date of Death Total Deposits after 9/22/82 + 94,799.25 Total Checks Written after 9/22/82- 39,700.31 Interest Earned 579.80 (Reported on Incane Sheet $579.80 Balance 76,54 7.38 plus $50.81 interest income in Transferred to Merrill Lynch respect of decedant credited Cash Management Account 76,547.38 to account) Account Value _0_1 4. Central Bank of North Denver, Colorado Inventoried At: Incane Earned: 29,717.61 904.27 (Reported on Incane Sheet) Balance Deposited into CNB 30 ,621. 88 30 ,621. 88 Account Value -0- 1AlJ. funds reported now in Merrill Lynch Cash Management Account No. 872 30854. ll5Ei 104 fAGE 274 -8- INCOME REX::EIPrS: PAIn' I: 9/22/81 to 7/31/82 1. Financial Industrial Fund, Inc. Financial Programs, Inc. Cash Incane - 1982 $ 152.41 Reinvestment Incane - 1982 004.69 (Acct. 77330-0-10-1982-$844.93) (Acct. 74872-0-10-1982-$ 59.76) 1,057.10 2. Merrill Lynch Nominee Account Including: 100 shares Farmer's Group Ins. 250 shares Tucson Gas &. Electric 5 shares Municipal Investment Trust 69 MPS 5 shares Municipal Investment Trust 71 MPS September 22, 1981 to December 31, 1981 Estate Incane 453.60 January 1, 1982 to July 31, 1982 Estate Incane 619.20 1,072.80 3. Central Bank of North Denver Certificate of Deposit T-3313 Interest Earned 9/22/81-12/81 004.27 4. CalJronwealth National Bank Checking AcCount No. 302-106 995-4 1981 Estate Incane 181. 76 1982 Estate Incane 398.04 579.80 5. Farmer's Insurance Group Credit Union, Account No. 5387-0 1981 Estate Incane 176.51 6. Western Federal Savings and Loan of Denver, Colorado Account No. 3OJi058-5 899.52 7. Julie Woodruff Mortgage-Interest Paid 1981 - $ 792.56 1982 - $1844.06 2,636.62 ~if liJ4 pm Zi5 -9- INCXlME ROCEIPl'S (Continued): 8. Jake Valdez Mortgage-Interest Paid 1981 - $ 705.99 1982 - $1640.50 $ 2,346.57 9. Nuveen Municipal Bond Fund 107 Quarter ly-2323.106 shares 12/1/81 3939.29 reinvested in shares (purchased 651.122 share X 6.05/share) 3/1/82 3939.29 reinvested in shares (purchased 645.785 share X 6.10/s1]are) 6/1/82 3939.11 (Interest deposited into Merrill Lynch ()tA) 7/9/82 5947.16 (Interest deposited into Merrill Lynch CMA) $ 17,764.85 10. Nuveen Municipal Bond Fund Reinvestment Series 09/30/81 338.10 (56.256 X 6.01) 10/31/81 343.66 (57.086 X 6.02) 11/31/81 371.84 (58.835 X 6.32) 12/31/81 380.14 (64.105 X 5.93) 01/29/82 377.29 (63.839 X 5.91) 02/26/82 390.29 (64.298 X 6.07) 03/31/82 417.49 (68.779 X 6.07) 04/31/82 409.47 (64.483 X 6.35) OS/28/82 371.67 (58.255 X 6.38) 06/31/82 463.38 (74.981 X 6.18) Sub- Total 2429.59 3,863.33 11. Merrill Lynch Cash Managem:mt Account 1982 Interest Earned to 7/31/82 5,849.84 12. Platt River Power Authority Bond Interest Earned: 1981 - $182.50 1982 - 182.50 365.00 ~ 104. nGE Z'lG -10- INCOME DISBURSEMEffi'S: 04/15/82 Pennsylvania Department of Revenue-State Income Tax $ 172.05 04/15/82 Internal Revenue Service- Federal Incane Tax 552.15 10/15/82 Interest Due Register of Wills 216. 91- 11/15182 Interest Due Internal Revenue Service 39.50 $ 980.64 L-980.64 LISEN 104 PAGE2'i'9 . . -13- DIsrnIl3UrION TO I3ENEFICIARY OF 'ffi1.B1' JULIE \\OODHUFF On or about SeptanOOr 1, 1982, Julie Woodruff, having attained l-er 25th birtlDay was provided with an accounting for all estate proceeds to July 31, 1982, and said Julie Woodruff received the following suns: 1. Release and Satisfaction of Present Mortgage Indebtedness of Beneficiary to Estate 2. Coins 3. Partial Cash Distribution: 9/1/82 SEI'l'a1BER 1, 1982 DISTIUl3urION: A final distribution will now be made to Julie Woodruff in too anount of: The above distribution was equivalent to one-half of the prinCipal and income accrued as of 8/27/82, of $363,584.76, or $181,792.38. The final distribution from the Estate is proposed as follows: 1. To Julie Woodruff-balance of first distribution (cash from CMA account) 2. To Lloyd W. Woodruff, Trustee for the Trust of Ralph 1. Woodruff, set forth in the Will for the benefit of Julie Woodruff or alternate bene- ficiaries should Julie not reach age thirty (30). 'fOrAL orSl'RIBurION: . . . U~E~ lQ( PtCE 280 -14- $ 52,565.27 59.67 80 ,000.00 $132 ,624. 94 49,167.38 S 49,167.38 215 ,473.47 $264,640.85 ...,.~,'~ QJM!.K>NWEALTH OF PENNSYLVANIA ss: OOUNl'Y OF DAUPHIN Lloyd W. Woodruff, Executor, named in the foregoing Account and duly sworn according to law; that as such he is autoorized to make this Affidavit on his behalf; that the facts set forth in the foregoing First and Final Account of the Estate of Ralph 1. Woodruff, deceased, are true and correct to the best of his knowledge, information and belief. .SWOrn to. and Subscribed ,'- ,.;...... " 'hi ~ or, d f .0:. ;~I~"IIIe', t s ~ ay 0 ' ".~. :,.J,; - 1983 ! ;'j"! 'e., .. 1 " '.' . i';:~:'~',ff1.t.' ,,;~,j;~ . :::'v',.....: Li,-::J.~'{U...t.,,")/j ~ ~ -::. '.IDrARY PUBt,Ic '\';', '~y.1~~10n Expires: . ~..," I....:.'\...:.~.-. .J:" '/' " ~, .f I'~) I" -... .~, ... <";," EdH!-]~~h~i~'~".tI~t:r'l ru~:it tI,tCblM;1i,!~-n"'hili::s 1:~IL!1 12. 1984 HarriJbufll. FA C;:L:f)hiil C:lt:nIV lI!Eli 104 rm 281 mMIDNWEALTH OF PENNSYLVANIA CDllNI'Y OF DAUPHIN ss: Lloyd W. Woodruff, Executor, having been duly sworn according to law, deposes and says that the Proposed Schedule of Distribution as stated is troo and correct. Sworn to and Subscribed befo.r~.~..thi.s Ji.1J... day of -4"""0- ,',.',';+it"%'~;~'zf '" 1983. .. ....~.. I,f..! .... . ;"J' ~ "',' '#', ' . i ~~. 'Ith:<.J.1ii, IJ."a ; :MY PUBLIl;: .'. . oJ '.. ..1 '."_ . :, ~ ',Comni.ss~on,. Expires: " ~" ':'1 -"1: . .~.; ~"_ . Fdie 'J:f,~i.~,'I!o.~",.Mli, Mv '~e~~1i;~'EzFfrts~'r:'..:;:fl 12, 1984 Harrisbin'g" fA"': . ....t'o1l.'.1!:in Count;, '........ U!tll 104. ner ~83 .~ '." ~ " . LAST WILL AND TESTAMENT OF RALPH I. WOODRUFF I, RALPH 1. HOODRUFF, a resident of the State of Colorado, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will an~ Testament, hereby revoking any and all other wills, testame~ts and codicils heretofore made by me. I. I direct my ~xecutor to pay all inheritance, estate, legacy, succession and other death taxes payable in respect of my estate or of any devise, legacy or distribution under this Will or levied by reason of my death, whether or not the property, transfers or proceeds with respect to which the said taxes are levied are a part of my estate at my death, such taxes to be paid by my Executor as an expense of administration and without reimbursement to my estate by or deduction from the share of any benef~ciary, legatee, devisee or transferee, and without apportionment. II. . I declare that I am presently unmarried. My only child now living is JULIE MARIE HOODRUFF, born August 27, 1957. My Executor and Trustee may rely upon said date of birth in administering and distributing my estate and THE RALPH I. WOODRUFF FAMILY TRUST created herein. r. ,. III. I hereby give and bequeath all of my personal and household effects including, by way of example and not by way of limitation, jewelry, clothing, furniture, works of art and automobiles, except such property as may be used in any business in which I may have any interest, together with 7Z7 . .' " any insurance po1i~ies and claims under such policies on such property, to my daughter, JULIE MARIE \mODRUFF, if she shall survive me. IV. If I am survived by any of my lineal descendants, I hereby give, devise and bequeath the rest, residue and remainder of my estate, of whatsoever kind or nature and wheresoever situate, unto my Trustee hereinafter named, IN TRUST, to be known as "THE RALPH 1. \olooDRUFF CHILDREN'S TRUST", to have, hold, manage, control, invest, reinvest and . dispose of the income and principal of said Trust as follows: THE RALPH I. WOODRUFF CHILDREN'S TRUST As to the Trust created herein, the same shall be distributed in the following manner: My Trustee shall divide the aforementioned residue into as many equal separate funds as shall make one for each of my children who shall then be surviving, and also one for the then surviving descendants ,collectively (per stirpes) of any deceased child of mine, wh~ch funds shall then be distributed as follows: (a) From each such fund my Trustee shall devote to such child's 'or children's support, health, education, travel and recreation as much of the income or principal or both as he shall deem necessary or proper for said purpose, adding excess income, if any, to principal. . '(b) As each such child shall attain the age of twenty-five (25) years, my Trustee shall distribute to such child, in cash or in property, as shall be determined by my said Trustee, one-half (1/2) of the principal and accumulated income, if any, of the then remaining fund set aside for such child. As each such child shall attain the age of thirty (30) years, my Trustee shall distribute the entire remaining balance of any fund which shall have . been set aside for such child; provided, however, that if at the time of the creation of the separate funds herein referred to, any of my children shall have attained any of the ages herein provided, then, and in such event, such child shall receive the portion of such fund herein required to be distributed at such age and as to such child, the Trust Shall continue only as to the balance of the fund. , (c) In the event any of my children shall die prior to attaining the age. of thirty (30) years, leaving children either born to or adopted by such child (hereinafter referred to as "grand- children") surviving him or her, then my said -2- ?Z8 . -"~~- .- . ".. ," Trustee shall continue to hold in trust for such grandchildren, per stirpes, the balance of the fund belonging to their parent" arid shall distribute the income and principal in the same manner as is herein provided for distribution to their parent; except that at the time such grandchild reaches the age of twenty-one (21) years, the remaining balance of any fund shall be distributed outright to said grandchild. In the event any of my said children shall die prior to attaining the age of thirty (30) years, leaving no children surviving him or her, then the balance remaining in any fund set up for such child shall be divided equally . between the funds set up for my other children. I direct that if all of said children should die before attaining the age of thirty (30) years and none of them should leave children surviving, then upon the death of the last child the Tr~st shall terminate and the remaining corpus shall be distri- buted to my brother, LLOYD W. WOODRUFF, and if he shall not then be living, to his descendants, per stirpes, and if none,' to those persons who would have been my heirs at law as the same would be determined by the laws of the State of Colorado if I had died on the date of the death of the said las t beneficiary. ' (d) If an emergency should arise which, in the opinion' and discretion of my Trustee, shall require the invasion of principal; and if in the judgment of my said Trustee such invasion will so deplete the fund of the beneficiary in need as to jeopardize the future security and financial well- being of such beneficiary, and if such Trustee shall determine in his discretion that the fund of another beneficiary can be invaded for such purpose 'without unduly depleting the same, then and in such event, I do hereby authorize ,my Trustee to invade the principal of the fund set aside for such other beneficiary, or to use the income belonging to the fund of such other beneficiary, for the use of the beneficiary so in need. In the event of such emergency invasion, then I direct that it shall not thereafter,be necessary for the fund so invaded to be replenished. If none of my lineal descendants shall survive me, I give, devise and bequeath the aforementioned residue of my estate . to LLOYD W. WOODRUFF. and if he shall not then be living, ,to his descendants, per stirpes. v. Notwithstanding anything herein to the contrary, all of the property composing THE RALPH I. WOODRUFF CHILDREN'S TRUST herein established shall be finally distributed not. later than twenty-one (21) years after the date of the death of the last survivor of the group composed of myself and ~ -3- 729 :',"'~~ {i:i " :"",,:1.:,Yt I\M~t. . ....1~.;)'i~~ ;~','1t~ ':""'.......... ............ -- . . ,. those of my children, or grandchildren who are living at the date of my death; and if at the expiration of such period \ any part of THE RALPH I. WOODRUFF CHILDREN'S TRUST shall remain undistributed, the same shall be immediately distri- buted by my Trustee to the persons then entitled to receive the income from such Trust in the proportions to which they are so entitled. VI. No beneficiary under my said Trust shall have the power to dispose of, or in any way ?ssign, anticipate, encumber or' charge the rents, interest or i~come from any part, share or Trust set apart for his or her benefit, or to dispose of, charge, or encumber that part or share of the Trust itself, or of his or her interest therein', or in any part thereof, nor shall the same or the income thereof, or any beneficial interest therein, or rights thereto, be liable or chargeable prior to the actual receipt thereof by the beneficiary from the Executor or Trustee, under and pursuant to the terms and provisions of the Trust created and declared in their behalf in this, my said Will. My intention is declared to be that the Trust created is for the benefit of the beneficiaries and not for any creditor, lender thereon or mortgagee thereof, nor liable to or available for the payment of alimony or support money in favor of a separated or divorced husband or wife. VII. Except as may be directed by my Executor or Trustee, as the case may be, or by the successor to any such person, in their sole discretion, I direct that my estate and the Trust provided for herein shall be administered free from the supervision and control of any court whatsoever. In the event that my estate or the Trust created herein shall, for any reason, come to be administered under the supervision of -4- 730 . - '._~_...__..__. 6._ , 0 "1 i I l i i ! i i , ! . .' " " a court for any period or periods of time, the said fiduciaries shall be free to remove my estate, 'or the Trust, or any portion thereof from the said court's supervision at any time by the filing of written notice with such court to that effect, except where any statute or rule of court shall require supervision despite such direction by my fiduciaries. VIII. I hereby nominate, constitute and appoint LLOYD W. WOODRUFF, of Camp Hill, Pennsylvania, to serve as Executor and Trustee of the Trust created under this my Last Will and Testament. In the event that the said LLOYD W. WOODRUFF shall predecease me, fail, refuse or be unable to act, then the AMERICAN NATIONAL BANK OF DENVER shall serve as successor Executor and Trustee. In determining whether an Executor and Trustee appointed hereunder is unable to act, a letter , addressed to the successor Executor and Trustee by the attending physician certifying to the inability of such Executor and Trustee to act shall 'be conclusive evidence of such disability and the duly appointed successor Executor and Trustee shall immediately be entitled to act hereunder. I direct that my Executor and Trustee or his successor shall act without bond or other security in both such capacities. IX. LLO~ W. WOODRUFF may be removed as Trustee. of the above-described Trust by a majority of each of the adult . beneficiaries, and parent or other guardian of minor ben~- ficiaries, then receiving or entitled to receive the income of the trust estate hereunder by their giving thirty (30) days' notice in writing to the said LLOYD W. WOODRUFF, , signed by such beneficiaries, parents or guardians, and delivered in person or mailed to the last known address of the said LLOYD W. WOODRUFF. In the event of such removal, THE AMERICAN NATIONAL BANK OF DENVER shall serve as successor Trustee as hereinabove described. -5- '(31' RI{I .' I .,- ~~- ,- -,.' ...-.',. -_..---....- . .' " In the event that the AMERICAN NATIONAL BANK OF DENVER, (hereinafter referred .to as the "Corporate Trustee") shall become the Trustee of THE RALPH I. WOODRUFF CHILDREN'S TRUST as herein provided, it may resign its trusteeship by giving thirty (30) days' notice in writing delivered in person or mailed to the last known address of each of the adult beneficiaries, and parent or other guardian of minor beneficiarie~, then receiving or entitled to receive tbe income of the trust estate hereunder. Similarly, the said Corporate Trustee may be removed by a majority of such adult beneficiaries, and parents or other guardians of minor beneficiaries, then receiving.or entitled to receive the income of said trust estate by their giving thirty (30) days' notice in writing to such Corporate Trustee, signed by such beneficiaries, parents or guardians, and delivered in person or mailed to the Corporate Trustee's last known address. Such resignation or removal is to become effective at the end of thirty (30) days from the date of delivery or mailing of such notice. In the event of resignation or removal as aforesaid, a successor Trustee shall be appointed by an instrument in writing signed by the aforementioned persons, provided that such successor Trustee shall be a bank or trust company having trust powers with a capital and surplus of at least Five Million Dollars ($5,000,000.00). . In the event a vacancy in corporate trusteeship occurs and a successor Trustee is not appointed as above provided, then the probate judge (or the presiding judge of the probate division of the District Court) in and for the City and County of Denver, State of Colorado shall, upon , written application of any beneficiary then receiving or being entitled to receive income from the trust estate, or the legal representative of any minor or disabled beneficiary, nominate and appoint a successor trustee by an instrument in -6- 732 i/..! ..- -.-... , . .' .. .. writing under the seal of such Court. By making the appoint- ment as aforesaid, such Court shall not thereby acquire any jurisdiction over the trust estate except to the extent necessary for the making of such appointment. Upon th~ appointment of and the acceptance by any successor Trustee, such successor Trustee shall become entitled to the trust estate; and all powers, duties, rights and discretion of the former Trustee shall forthwith vest in such successor Trustee, but a resigned or removed Trustee shall execute all instruments and do all acts which may be necessary to vest such title in the successor Trustee, all without Court accounting or approval. No successor Trustee shall be obliged to examine the accounts, records and acts of any previous Trustee, or any allocation of the trust estate, nor shall such successor Trustee in any way or manner be responsible for any act or omission to act on the part of any previous Trustee. x. My Executor and Trustee shall have all the powers now or hereafter' granted under the Colorado Fiduciaries' Powers Act, as set forth in Colorado Revised Statutes ~15-l- 801 (1973), et. seq., as the same is now or may hereafter be amended. In addition to said powers, my Executor and Trustee . shall have the following powers: A. The right to invest and reinvest all or part of the pri~cipal and income of my estate in real or personal property, including bonds, debentures, stocks, notes, real estate, mortgages or other' securities as they, in their absolute discretion, should see fit, without being limited to the classes of securities or property which are now or may hereafter be prescribed by law as those in which trust funds shall be inves.ted and even if 'the same result in inadequate or unequal diver- sification. B. In making or disposing of any investments or property, the Executor or Trustee may purchase the same or sell the same to themselves, or any corpora- tion, firm or association, in which the said Executor and Trustee may in any way be interested , -7- 733 o. ......~...____._~ . ..' as freely as the Executor or Trustee mayor could deal with an independent third party and without greater or less responsibility, all rules or provisions of law to the contrary being hereby expressly waived. C. During the minority or other legal disability of any beneficiary to whom payments of income, or payments of principal, in the discretion of the Trustee, is herein directed to be made, the Trustee Ulay make such payments in anyone or more of the following ways: 1. Directly to said beneficiary; 2. To the legal guardian or conservator of said beneficiary; 3. To any relative of said beneficiary, to be expended by such relative for the education and maintenance of said beneficiary; or 4. By himself expending the same for the education and maintenance of said beneficiary. D. To determine how all receipts and disbursements shall be credited, charged or apportioned as between income and principal, provided, however: (1) That all dividends which are payable only in shares of the corporation declaring same, all disbursements of the corporate assets designated by the corporation as a return or division of capital, and all amounts paid upon corporate shares upon disbursement or the corporate assets to the stockholders shall be deemed principal; and (2) That all rights to subscribe to the shares or other obligations of the corporation and the proceeds of the sale of such rights, shall be deemed 'principal. E. In addition to those authorities or require- ments regarding taxes conferred or imposed by law, my Executor shall have the following authorities and elections: . 1. To compromise issues in income, death or gift tax proceedings; 2. To exercise statutory elections to claim administration, medical or other expenses as death tax or income tax deductions without being required to adjust the resulting value of the interest of any beneficiary or to make any adjustment between principal and income; 3. To use those available optional valuation dates for death tax 'purposes which appear to cause the lowest combined Federal and state death and income taxes, including potential capital gains tax which might be incurred during the administration of my estate or Trust, without being required to adjust the resulting value of the interest of any bene- ficiary or to make any adjustment between principal and income; and ' 4. To elect any available installment method . of paying death taxes. -8- 734 ..._~ ..........--... R r,' , '.. ....~ '.;-.~ .' ~ .' . F. In the event that I shall have designated my Trustee under any Trust created hereunder as beneficiaries under any policy of insurance on my life, or as beneficiaries of any death benefit payable from a trust forming part of a qualified plan under Section 401 of the Internal Revenue Code of 1954 of which I may have been, at any . time, a participant, such insurance proceeds or death benefit shall be received by my said Trustee as a part of the corpus of the said Trust created hereunder, and no part of the said insurance proceeds or death benefit shall be applied against any obligation of my estate. Despite the within prohibition, my said Trustee is expressly empowered to use such insurance proceeds, death benefit, or 'other assets of my said Trust to 'purchase assets from my estate, for fair value, or to loan any or all of the corpus of the said Trust to my estate, provided that the terms of such loan include reasonable interest and adequate security; and my Trustee may purchase such assets and extend such loan or loans notwithstanding that the fiduciary or fiduciaries of my said estate may be the same persons as, or related to, the Trustee of my said Trust, and notwithstanding any rules of law regarding self-dealing by fiduciaries to the contrary. G. Any corporate fiduciary acting under this Will shall be entitled to reasonable compensation for serving in $uch capacity. I request that such compensation be comparable to charges for similar services made from time to time by professional fiduciaries in the geographic area in which the services are rendered, and that in all events such compensation shall be commensurate with the services actually performed. All fiduciaries under my Will shall also be entitled. to reimbursement for expenses necessarily incurred in the performance of their fiduciary duties. H. All powers expressly or impliedly conferred by the provisions of this Will, and by the provisions of the Colorado Fiduciaries' Powers Act which is incorporated herein as though set out in full, shall be exercised by my Executor and Trustee without seeking the aid, authorization, order or approval of any Court. All such powers shall be exercisable by my Executor and Trustee in any jurisdiction and without any duty on any person dealing with my Executor or Trustee to inquire into their, authority. Each and every successor Executor and Trustee shall have all of the powers, rights, privileges and immunities herein given and granted to my Executor and Trustee first named. I. The enumeration of the foregoing specific powers shall not be deemed to limit or restrict any other powers of my Executor or Trustee, since it is my intention hereby to give unto my Executor or Trustee any and all powers over my property and estate which l might have if living. c -9- 735 .il! c.. -t) ...-..--- -... '. . ~ ." .. XI. Whenever reference is made in this Will to "children," .this term is used to denote children born or adopted either before or after the execution of this Will, and I specifically direct that only those of my stepchildren, if any, who I may have adopted at the time of death shall be included in the class of persons referred to in this Will as my children. IVhenever reference is made in this Will to "grandchildren" or "descendants;" these terms are used to denote lineal descendants of all generations whether born or adopted either before or after the execution of this Will. Whenever reference is made to persons, unless the context otherwise requires, words denoting the singular may be, and where necessary shall be, construed as to denote the plural number; and words of the plural number may be, and where necessary shall be, construed as to denote the singular number; and words of one gender may be, and where necessary shall be, construed as to denote such other gender as may be appropriate. No general pecuniary bequest hereunder shall bear any interest, notwithstanding the fact that distribution of such bequest may be made more than one year after the date of my death. This Will has been created under the laws of the State of Colorado, and all questions pertaining to its validity, construction and administration shall be determined in accordance with the laws of that State. . I, RALPH 1. 'WOODRUFF?:!' the TestatpJ:', sign my name to this instrument this I?t day of ~,~ ,1976, and being first duly sworn,' do hereby dec re to the under- signed authority that I sign and execute this instrument as my Last Will and Testament and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. ( ~ -10- 736 pI. ~ -- -.......:.. t " :ft' .. . " .' We, SAMUEL L. LEVY ,SANDY GA IL NYHOUI and LINDA SUE HARRIS " the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testator signs and executes this instrument as his Last Will and Testament and that he signs it willingly, and that he executes it as his free and voluntary act for the purposes therein expressed, and that each of us, in the presence and hearing of the Testator, hereby signs this Will as witness to the Testator's signing, and that to the best of his knowledge the Testator is eighteen (18) years of age or older, of' sound mind, and under no constraint or';undue influence. - ;/ C-~/< >/ _.,<;>y''Z tt' ,....~ ,[--C: ",,-<--;::r- Witness ' ~ I /"';~h eeL </ Ci;,cJ71 <-./ Un,J - Witne~s7 / I ~/ . r I ,,- <,J...:...' A'{.<..(./' \_;("'4A-.\.-<-...1 Wi ness STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) ss. ) . -11- : 737 ';..,:! {{~1 :..:.:,,\f~~ri P' on') (, ,. Discount: If any tax due IS paid within three (3) months after the decedent's death, a discount of five percent (5%) of the tax paid is allowed, . the discount period is calculated in calendar months, Example: date of death 1-15-82. discount period expires 4-15-82. Except for tax on a future interest. inheritance tax becomes delinquent at the expiration of nine (9) months from the date of death. . Inheritance tax on a future interest becomes delinquent at the expiration of three months from: - the dale of election to prepay or _ the date of death of the life tenant or annuitant Interest is calculated on a dailv baSIS from _ delinquent dale to date of payment on any tax unpaid on delinquent date _ date of last delinquent payment to date of payment on any unpaid balance. Interest is charged at the following rates: Interest: Delinquent Date 5/27/43 to and including 12/31/81 1/1/82 10 and including, 12/31/82 1/1/83 to and including 12/31/83 Annual Interest Rate Daily Interest Factor 6% 20% 16% ,000164 ,000548 ,000438 . Those estates that become delinquent on or before December 31. 1981 will maintain a constant interest rate. The rate in effect when the tax first becomes delinquent will remain constant until the delinquent tax balance is paid in full. . Those estates that become delinquent on or after January 1. 1982 will contain a variable interest rate. Thus. taxes that remain outstanding from calendar year to calendar year will be subject to the different rates in effect on each January 1. Interest is calculated as follows: INTEREST = BALANCE OF UNPAID TAX X NUMBER OF DAYS X DAILY INTEREST FACTOR. If a tax balance remains outstanding for more than one calendar year. a separate interest determination must be made for each year at the applicable rate. IOnly one calculation is necessary if the estate maintains the constant interest rate.) . Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the notice. If payment is made after the interest computation date shown on the Notice. additional interest must be calculated. To Remit Payment: Detach the top portion of this Notice and submit with your payment to the Register of Wills of the county shown on the Notice. . Address information is listed on page 13 of the booklet. "Instructions for Inheritance Tax Return for a Resident Decedent" . Make check or money order payable to: Register of Wills. Agent. " ~, REV, 736 EX (03-66) ,w COIolI,lON'A'[AIIH or rEl'~I\ISYI VAN!:' ~~tt, NOTICE OF DETERMINATION AND ACN 202 O[rt.R''''[hT or HElJ(NU{ ...,...-:;' ~.,:r:;J~ ASSESSMENT OF PENNSYLVANIA ~.~R[:~XO;UI~~IIIIDlJAL Tt.X[S r".. ",,~..oA'" ESTATE TAX BASED ON FEDERAL HARRISeURG. f'A I? 1 O!:l CLOSING LETTER DATE ESTATE OF WOODRUFF RALPH I FILE NO, 21 80-0690 DATE OF DEATH 09-22~1 COUNTY CUMBERLAND NOTE: TO INSURE PROPER CREDIT TO YOUR ACCOUNT, SUBMIT THE UPPER PORTION OF THIS FORM WITH YOUR TAX PAYMENT TO THE REGISTER DF WILLS OF THE ABOVE COUNTY, MAKE CHECKS PAYABLE TO: "REGISTER OF WILLS, AGENT," PLEASE RETURN THIS PORTION TO REGISTER OF WILLS IF PAYMENT DUE Amount Remitted to Register of Wills I I ~l!I _A_L9~~ _ ,!:H.I~ _L!N.E. . _ _ .---:_ _ , _R.EJ~~~_ !:-C?'!'I'~'3 _P_O,R:r~O_N_ ~C?'3 _Y_O_U~_ ~I!:-~~ . _ . . .~_ _ _ _ . _ _ _ _ . _ . REV, 736 EX (03-B61 >>NDTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVAIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER>> KATHLEEN A WEEKS ESQ 204 STATE ST HBG PA 17101 ESTATE OF WOODRUFF RALPH I FILE 140,21 80-0690 ACN 202 DATE 05-19-86 ESTATE TAX DETERMINATION 1. Credit For State Death Taxes as Verified 2. Pennsylvania Inheritance Tax Assessed (Excluding Discount and/or Interesll 27,094.43 l,ct,404.9;j . :-:1 ~:. :-: 3, Inheritance Tax Assessed by Other States or Territories of the United States (Excluding Discount' and/or Interest) 4. Total Inheritance Tax Assessed .00 ....: 27,094.43 5. Pennsylvania Estate Tax Due .00 6. Amount of Pennsylvania Estate Tax Previously Assessed Based on Federal Estate Tax Return .00 '/, Additional Pennsylvania Estate Tax Due .00 TAX CREDITS: PAYMENT DATE RECEIPT NUMBER INTEREST (-) AMOUNT PAID . IF PAID AFTER THIS DATE SEE REVERSE SIDE FOR CALCULATION OF ADDITIONAL INTEREST (IF BALANCE DUE IS LESS THAN $' OR IS REFLECTED AS A "CREDIT" (CRI, NO PAYMENT IS REQUIRED) TOTAL TAX CREDIT BALANCE DF TAX DUE INTEREST TDTAL DUE .00 .00 .00 .00 . ......,..-- ()VF7\1 ;u/1'9/ C .' kJ .. , ' . ;'1 , , . L! I' , l;i , , IP ~ k: ~l'-~.4\~~/~"-H_ !11J~~ r I ~~ /'_~ c~~~ . ~ rk 6e~ 0: cUUX-~-1 . ~..t^}.rt.... . ' I~~, ~ ,U . j ~ , . 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'"i ~!;.; r t'-, H. ~..!, t 'j.. -" \~j~" ~. f 1\.:... .... i~\ 4,:" ..~~~ - ,.F", '"": ~ :~ I ~ ,": J . -Jf:~1'~ ""?"'.'~;')/".' ,,' .... ..~. l " y ;' .; I I , . . ....--\ , . , , J ( , V': ~(.\ '~1 :lj, ....i. ....J' J~''V!'- ~', \0;..1;. .,;" .~? '. .1 '... , , ,