HomeMy WebLinkAbout00-0407
INRE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
THE ESTATE OF
BEATRICE E. FICKES
ORPHANS' COURT DIVISION
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NO. 21-00-407
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PETITION FOR LEAVE TO RESIGN AS EXECUTRIX
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TO THE HONORABLE JUDGES OF SAID COURT:
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AND NOW, comes Petitioner, Wanda J. Peduzzi, by and through her attorneys, Butler
Law Firn1, and files this Petition for Leave for Elaine D. Lawson (n/k/a Elaine D. Shughart) to
resign as co-Executrix of the Estate of Beatrice E. Fickes, Deceased, and in support thereof avers
the following:
1. On Febmary 19,2000, Beatrice E. Fickes died, leaving a Last Will and Testament
that was duly admitted to probate by the Register of Wills of Cumberland County, Pennsylvania.
A tme and con-ect copy of the Last Will and Testament of Beatrice E. Fickes is attached hereto
and made a part hereof as Exhibit "A".
2. Pursuant to Item Second of said Last Will and Testament, Beatrice E. Fickes
appointed her daughters, Wanda J. Peduzzi (Petitioner herein) and Elaine D. Lawson (n/k/a
Elaine D. Shughart), or the survivor of them, to be her Personal Representative(s).
3. On or about May 18,2000, Petitioner Wanda J. Peduzzi and Elaine D. Lawson
(n/k1a Elaine D. Shughart) were qualified as co-Executrices under the Last Will and Testament
of Beatrice E. Fickes.
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4. Pursuant to Item Third of said Last Will and Testament, Beatrice E. Fickes
conveyed all of her property of whatever nature and kind wherever located to the Beatrice E.
Fickes Revocable Living Trust. A tme and COlTect copy of the Beatrice E. Fickes Revocable
Living Tmst Agreement dated June 28, 1996, is attached hereto and made a part hereof as
Exhibit "B".
5. Petitioner Wanda 1. Peduzzi and Elaine D. Lawson (n/kla Elaine D. Shughart)
were the co-Tmstees of the Beatrice E. Fickes Revocable Living Tmst until Elaine D. Lawson's
resignation pursuant to the Receipt and Release Agreement for Final Distribution dated April 12,
2005, and filed with the Cumberland County Orphans' Court Division to No. 00-407, a tme and
COlTect copy of which is attached hereto and made a part hereof as Exhibit "C".
6. Elaine D. Lawson (n/kla Elaine D. Shughart) wishes to resign as co-Executrix of
the Estate of Beatrice E. Fickes. Elaine D. Lawson's signed resignation is attached hereto and
made a part hereof as Exhibit liD".
7. Upon Elaine D. Lawson's resignation as co-Executrix of the Estate of Beatrice E.
Fickes, Petitioner Wanda J. Peduzzi would continue to serve as sole Executrix of the Estate of
Beatrice E. Fickes. Wanda 1. Peduzzi' s consent to serve as sole Executrix of the Estate of
Beatrice E. Fickes is attached hereto and made a part hereof as Exhibit "E".
WHEREFORE, Petitioner, Wanda 1. Peduzzi, co-Executrix of the Estate of Beatrice E.
Fickes respectfully requests this Honorable Court to approve the resignation of Elaine D. Lawson
(n/kJa Elaine D. Shughart) as co-Executrix of the Estate of Beatrice E. Fickes and to grant all
such other relief as is proper and just.
Respectfully submitted,
BUTLER LAW FIRM
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Ronald D. Butler, Esquire
Attorney for Petitioner
J.D. #09826
500 North Third Street, P.O. Box 1004
Harrisburg, P A 17108-1004
(717) 236-1485
Last Will and Testament of
BEATRICE E. FICKES
I, BEATRlCE E. FICKES, having my legal residence at 1527 Spring Road,
Carlisle, Cumberland County. Pennsylvania, do declare this to be my Last Will and
Testament, revoking all my previous wills and codicils.
WITNESSETH:
FIRST: I declare that I am not currently married. I further declare that the
following children are bom to me, WANDA J. PEDum and ELAINE D. LAWSON, and
that all references to my children are to them. .
SECOND: I appoint my daughters, WANDA J. PEDUZZI and ELAINE D.
LAWSON or the survivor of them, to be my Personal Representative(s). Should WANDA
1. PEDUZZl and ELAINE D. lAWSON be unable or unwilling to selVe, I appoint my
gnmdchildren, ANGELA PEDUZZI SHOPE and ANDREW J. PEDUZZI or the survivor of
them. to be my Personal Representative{ 8).
A. No bond or undertaking shall be required of any Personal Representative
nominated in my will.
B. My Personal Representative(s) shall have full authority to administer my estate
under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries.
My Personal Representative shall have the power to administer my estate under the.
Independent Administration of Estate Act
TIllRD: I give all of my property of whatever nature and kind and wherever
located to my revocable living trust of which I am the Settlor known as the BEATRICE E.
FICKES REVOCABLE LIVING '!RUST dated JUDe 28t 1996.
A. If my revocable living trust is not in e1fu;t for any reason, I give aU of my
property to my Personal Representative under this will as Trustee who shall hold,
administer and distribute my property as a testamentary trust the provisions of which are
identical to those of my revocable living trust on the date of execution of my Will.
FOURTIl: The term tldeath taxes," as used in my Will, shall mean all
inheritance, estatet succession and other similar taxes that are payable by any person on
account of that person's interest in the estate of the decedent or by reason of the decedent's
death including penalties and interest, but excluding the following:
EXHIBIT UA"
1. Any addition to the federal estate taX for any "excess retirement accumulation"
under Internal Re-yenue Code Section 4980A.
2. Any additional tax th4t may be assessed under Internal Revenue Code Section
2032A.
3. Any federal or state tax imposed on a generation-skipping transfer> as that term is
defined in the federal tax laws, unless the applicable tax stamte8 provide that the
generation-skipping transfer tax is payable directly out of the assets of my gross estate.
A. Pursuant to the tenns of my revocable living trust, all death taxes whether or not
attributable to property inventoried in my probate estate 8ball be paid by the Trustee from
that tIUSt. However, if that trust does not exist at the time of my "death or if the assets of that
trust are insufficient to pay the death taxes in full, I direct my personal representative to pay
any death taxes that cannot be paid by the trustee from the assets of my probate estate by
prorating and apportioning those taxes among the beneficiaries of this Will.
B. Notwithstanding any other provision in my trust, all death taxes incurred by
reason of assets transferred outside of my trust or probate estate shall be assessed against
those persons receiving such property.
FIFI'H: If any person or entity other than me singularly or in conjunction
with any other person or entity directly or indirectly contests in any court the validity of this
Will including any codicils thereto, then the right of that person or entity to take any interest
in my estate shall cease and that person or entity shall be deemed to have predeceased me.
SIXTH: Should any of the provisions of my Will be for any reason declared
invalid, such invalidity sbaU not affect any of the other provisions of this Will and all
invalid provisions shall be wholly disregarded in interpreting this Will.
SEVENTH: This Will shall be construed:, regulated and governed by and in
accordance with the laws of the Commonwealth of Pennsylvania.
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I signed this, my last Will and Testament consisting of two (2) pages, on June 28, 1996.
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BEATRICE E. FICKES
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The foregoing Will was, on the day and year written above, published and declared by
BEATRICE E. FICKES in our presence to be her Will. We, in her presence and at her
request, and in the presence of each other, have attested the same and have signed our
names as attesting witnesses.
We declare that at tOO time of our attestation of this Will, BEATRICE E. FICKES was,
according to our best knowledge and belief, of sound mind and memory and under no
undue duress or constraint.
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Address
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STATE OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
We. BEATRICE E. FICKES, l20rscn R GetI~&. and
Testatrix and the witnesses. respectively, whose names are si to the foregoing Will,
having been sworn. declared to the undersigned officer that 1be Testatrix. in the presence of
witnesses. signed the instrument as her last Will. that she signed. and that each of the
witnesses, _in the l'resence of the Testatrix and in the presence of each other. signed the Will
as a witness.
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BEATRICE E. FICKES, Testatrix
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'bed an sworn before me by BEATRICE E. FICKES. the Testatrix. and by
.., - .e.u and Mar..! M \ f r \' <:..e.. . the witnesses on
1996 !
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Notary Public
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MlCHAa It RUMlU. NOTARY ",.JUC
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BEATRICE E. FICKES
REVOCABLE LIVING TRUST AGREEMENT
TIllS AGEF.EEl\1EhYf OF TRUST executed in duplicate on June 28, 1996, among
and between BEATRICE E. FICKES, of Cumberland County, Commonwealth of
Pennsylvania (hereinafter referred to as "Settlor"), and BEATRICE E. FlCK-ES, as
Trustee (hereinafter referred to as "Trustee").
I hereby declare that I am not currently married. I further declare that the following
children are born to me; W ANnA J. PEDUZZI and ELAINE D. LA WSON. All
references to my children are to these and any after-born natural children of mine.
WITNESSETH:
WHEREAS, I wish to create a trust to hold and own the property set forth in
Schedule A attached hereto and made a part hereof: together with sUch monies, securities
and all other assets, real or personal, as the Trustee may hereafter at any time hold or
acquire hereunder (such property and additions being hereinafter called principal), for the
pmposes hereinafter set forth;
NOW, THEREFORE, in consideration of the premises and the mutual covenants
herein contained, I agree to transfer the aforesaid property to the Trustee and the Trustee
agrees to hold the trust estate, IN TRUST, NEVERTHELESS, for the following uses and
purposes and subject to the terms and conditions hereinafter set forth:
ARTICLE FIRST
GENERAL PROVISIONS
A. Name of Trust. This trust shall, be known as the "BEATRICE E. FICKES
REVOCABLE UVING TRUST dated June 28, 1996," and it shall be sufficient that it be
referred to as such in any deed, assignment bequest or devise.
B. Trust Estate. Settlor grants, assigns, and sets over to Trustee and their
successors all the property described in Schedule "A" annexed hereto, and made part of
this trust agreement. My Trustee acknowledges receipt of all assets listed on the attached
SchecJule A. All such assets, together with all other assets, real or personal, as the Trustee
may hereafter at any time hold or acquire whether in the name of the trust or in the name
of the Trustee, shall comprise the trust estate.
Settlor, or any other person with the consent of the Trustee, may add to the principal
of this trust by deed or will or otherwise. All property transferred to my trust and not
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disclaimed by my trustee shall be held, administered and distributed according to the
iefIIl..5 of this agreement.
C. Revocable Living Trust. This trust agreement creates a revocable living trust.
D. Definitions and Interpretations.
1. The term "child" means a natural blood descendant to the first degree of a
designated person. In addition, a person who is adopted prior to attaining the
age of eighteen (18) years shall be deemed to be the "child" of the adopting
parent(s): a person conceived by means of in vitro fertilization or artificial
insemination shall be deemed to be the "child" of my descendant who is a
biological parent or whose spouse is a biological parent; and a person born out
of wedlock shall be deemed to be the "child" of the natural mother and, if the
natural father acknowledges paternity, of the natural father. The term
"children" shall mean more than one "child".
2. The term "issue" means the lawful blood descendants of any degree of the
party designated; provided that any person who is a child of a lineal
descendant of the party designated and the lineal descendants of such person
shall be lineal descendants of the party designated. The terms "child,"
"children," "issue," "descendant," and "descendants" or those terms preceded
by the terms "living" or "then-living" sball included the lawful blood
descendants in the first degree of the parent designated even though such
descendant is born after the death of such parent.
3. When a distribution is to be made to the issue of a designated person "per
stirpes", the property to be distributed shall be divided into as many equal
shares as there are then-living children of such beneficiaries and deceased
children of such beneficiaries who left then-living descendants. Each then-
living child of the beneficiary shall receive one share and the share that is
allocated to each deceased child of the beneficiary shall be divided equally
among such decease child's then-living descendants.
4. The term "education" means technical, preparatory, college, graduate and
professional education while enrolled in good standing in a recognized
educational institution.
5. The term "adult" means a person who has attained twenty-one (21) years of
age and the term "minor" means a person who is not an adult.
6. The term "personal representative" shall mean Trustee, executor, executrix,
administrator, administratrix, conservator, guardian, custodian or any other
type of personal representative.
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7. References to a "Code Section" mean the specified section of the Internal
Revenue Code of 1986, as amended, Of the corresponding provisions of any
future United States internal revenue law.
8. At any particular time with respect to any trust, the phrase "trust estate" means
the assets then constituting the principal, including any accumulated income,
and any undistributed income.
9. The singular includes the plural and the plural includes the singular; the
masculine, feminine and neuter genders shall each be deemed to include the
other two.
10. The headings, titles and subtitles in this trust have been inserted solely for
convenient reference and shall be ignored in its construction.
11. For all jmrposes under this agreement a person shall be deemed disabled,
incompetent or legally incapacitated if and so long as a guardian or
conservator of his or her person or estate duly appointed by a court of
competent jurisdiction continues to serve, or upon certification by two
licensed physicians that such person is unable properly to care for his or her
person or property .
ARTICLE SECOND
SETTLOR'S LIFETIME RIGHTS
A. Right to Income and Principal. During the Settlor's lifetime, to pay to her the net
income therefrom and so much of the principal as shall be requested by Settlor or as
Trustee in their discretion from time to time deem advisable for Settlor's support to
maintain her in the standard of living to which Settlor was accustomed at the creation of
the trust. If Settlor is, in the opinion of the Trustee, disabled by reason of age, illness or
any other cause, Trustee sball apply for the Settlor's benefit so much of the net income
and principal of this trust as Trustee, may from time to time deem advisable for Settlor's
support to IfI::lintain Settlor in the standard of living to which Settlor was accustomed at
creation of this trust.
B. Right To Amend Or Revoke Agreement. Settlor, while legally competent, shall
have the right to amend, modify, alter revoke or terminate this trust or any separate trusts
created under this agreement at any time in whole or in part provided that the duties,
powers and liabilities of the Trustee shall not be changed without their written consent.
Any amendment or revocation of this trust agreement must be delivered to my Trustee in
writing. The power to amend, revoke or terminate this trust is personal to the Settlor and
may not be exercised by any other person or entity. After my death, this trust or any trust
created by this agreement shall be irrevocable and not subject to amendment.
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After any revocation or termination of any trust created by this agreement the Trustee
shall promptly deliver the designated trust property to the Settlor, BEATRICE E.
FICKES. The Trustee shall be entitled to retain sufficient assets to reasonably secure the
payment of liabilities Trustee has lawfully incurred in admini~tering the trust and any fees
that have been earned by my Trustee until such time as those liabilities have been
discharged and fees paid, unless I indemnify the Trustee against loss or expense.
C. Direction of Investments. Settlor shall have the right to direct investments of trust
property including the investment, retention, encumbrance, sale or disposition of trust
funds in specified securities, properties or other forms of investments.
D. Settlor/Trustee Bank Accounts. It is contemplated that Settlor may establish a
joint bank account or accounts with the Trustee and create powers of attorney in respect
thereof in other persons. Deposits from time to time made by Settlor or other authorized
persons into such accounts shall constitute transfers to the trust estate and withdrawals
therefrom which may be made without the co-signature of my Trustee shall constitute
withdraws from the trust estate. However, my capacity and other authorized persons with
respect to any such account shall be that of nominee of my Trustee and not co-owner. At
any given time the trust estate shall include the then balance of such account.
ARTICLE TIllRD
DISPOSITIVE PROVISIONS
Upon the Settlor's death, the then remaining principal and any accumulated or
undistributed income shall be distributed as follows:
A. Specific Distributions of Tanvble Personal Property. I may leave a
Memorandum listing some of the items of my tangible personal property which I wish
certain persons to have and request (bul do not require) that my wishes as set forth in the
memorandum be observed by my executor.
B. Specific Distributions of the Trust Estate. Upon my death Trustee shall make the
following specific distributions form my trust estate:
1. To my granddaughter, ANGELA PEDUZZI SHOPE, three thousand dollars
($3,000).
2. To my grandson, ANDREW J. PEDUZZI, three thousand dollars ($3,000).
C. Division and Distribution of the Balance of the Trust Estate. My trustee shall
divide and distribute the balance of my trust estate as follows:
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1. Division of Trust Propeqy. My Trustee shall divide all trust property not
previously distributed into separate shares of equal market value, one share for each of
my then living children and one share for each of my deceased children who has then-
living descendants.
2. Distribution for Living C'nildren. My Trustee shall promptly distribute, free of
the trust and in shares of substantially equally fair market value, all accumulated net
income and principal of the trust share to each of my living children who survive me,
If any child who survives me dies before the complete distribution of his or her trust
share, that child's trust share shall terminate and my Trustee shall distribute the balance
of the trust property to such child's then-living descendants per stirpes. If such deceased
child has no then living descendants, my Trustee shall distnbute the balance of the trust
property to my then-living descendants, per stirpes.
3. Distribution for Descendants of Deceased Children. My Trustee shall promptly
distribute, free of the trust, all accumulated net income and principal of the trust share set
aside for each of my deceased children to their descendants per stirpes.
If any descendant of mine under this section dies before the complete distribution of
his or her trust share, that descendant's trust share terminate and my Trustee shall
distribute the balance of the trust property to such descendant's then-living descendants,
per stirpes. If such descendant bas no then-living descendants, my Trustee shall
distribute the balance of the trust property to my then living descendants, per stirpes. If I
have no then-living . descendants, my Trustee shall distribute the balance of the trust
property as provided in the provisions that follow.
4. Distributions to Underage or Disabled Beneficiaries. Notwithstanding any
other provision in this trust agreement, if any person otherwise entitled to receive a
distribution of trust property is under the age of twenty-five (25) years of age or is
mentally disabled or legally incompetent as defined in Article Two, the Trustee shall
retain and administer that person's trust property for his or her benefit as follows:
(1) The Trustee may pay to or apply for the benefit of such beneficiary so much
of the net income and principal of the trust as my Trustee in its discretion deems
advisable for such beneficiary's education, health, maintenance and support, considering
all other sources of income and resources available to such beneficiary and known to my
Trustee.
(2) The Trustee is authorized to make payments under this Section either directly
to the beneficiary, to the beneficiary's personal representative or to any other person the
Trustee may deem proper to be used for the benefit of the beneficiary.
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(3) All decisions by the Trustee as to those it makes payments to, the purpose for
which these payments are made, and the amOlults to be paid out of the trust are within
the Trustee's sole but reasonable discretion.
(4) All undistributed net income shall be accumulated and added to the principal
of the trust.
(5) The Trustee shall distribute the trust property to a beneficiary under this
Section when such beneficiary reaches are twenty-five (25), or when he or she is no
longer disabled as determined be a court of competent jurisdiction, or upon the
certification by two licensed physicians that such beneficiary is able to properly care for
his or her property and person, or at a later date if other trust provisions in this Aiticle
direct.
(6) Upon the death of a beneficiary under this Section, our Trustee shall distribute
all of such beneficiary's remaining trust share, including the trust principal and accrued
and undistributed income, to any person or entity and upon any trust, terms and
conditions, or to or in favor of the estate of such deceased beneficiary, as he or she may
direct by his or her last Will or living trust agreement. No exercise of this general power
of appointment shall be effective unless it refers to this trust agreement and expressly
indicates an intention to exercise this general power of appointment.
ARTICLE FOURTH
TRUSTEES
A. I appoint myself, BEATRICE E. FICKES, as the initial Trustee on the trust
creation date.
B. In the event I, BEATRICE E. FICKES is unable or unwilling to serve as Trustee, I
appoint my daughters WANDA J. PEDUZZI and ELAINE D. LAWSON or the survivor
of ~m, as successor Trustee(s). In the event neither of my daughters are able or willing
to serve or continue to serve as Trustee, I appoint my grandchildren ANGELA PEDUZZI
SHOPE and ANDREW J. PEDUZZI or the survivor of them as successor Trustee(s).
C. If at any time the Settlor is serving as a co-Trustee under this agreement, any
acting Trustee may make decisions and bind the trust in exercise of all powers and
discretions granted to them under this agreement without the consent of any other
Trustee.
D. Unless otherwise provided for under this Article Fourth, each named successor
Trustee shall have the power to nominate his or her successor Trustee and in the event the
named successor Trustee should cease to act as Trustee without having designated a
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successor, then a majority of the beneficiaries then-eligible to receive distributions of
income or principal under this agreement or their legal representatives shall appoint a
successor Trustee. If any trust existing under this agreement lacks a Trustee and no
successor is appointed pursuant to this Section, the vacancy shall be filled by a court of
competent jurisdiction.
E. Notwithstanding Section C of this Article, if at any time there are two or more
Trustees serving under this agreement, none of whom are the Settlor, they shall act by
majority vote and any exercise of a power or discretion by a majority of the Trustees shall
have the same effect as an exercise by all of them.
F. Notwithstanding any other provision of this agreement, anyone or more of the co-
Trustees serving under this agreement may from time to time delegate to another co-
Trustee or co- Trustees routine acts of trust administration.
G. No Trustee under this agreement shall be required to post any bond for the faithful
performance of its responsibilities.
H. The Trustee under this agreement sball be entitled to reasonable compensation for
the performance of its functions hereunder payable without a court order. In calculating
the amount of' compensation customary charges for similar services in the same
geographic area for the same time period shall be used as guidelines. Should a corporate
trustee be acting, compensation shall be in accordance with its standard schedule of fees
in effect from time to time during the period over which its services are performed.
I. Any corporate successor to the trust business of any corporate Trustee named
under this agreement or acting hereunder shall succeed to the capacity of its predecessor
without reconveyance or transfer of trust property .
J. Notwithstanding any language purporting to confer absolute, sole or unrestricted
discretion on the Trustee in exercising any discretionary power with respect to this trust,
my trustee shall at all times act in accordance with fiduciary principals and shall not act in
bad faith or in disregard of the purposes of this trust.
K. Notwithstanding any other provision in this trust agreement, no individual Trustee
who is also a beneficiary hereunder shall have any right, power, duty or discretion
concerning this trust if such right, power, duty or discretion conferred upon such Trustee
under this trust agreement is determined to be a general power of appointment under
LR.C. Section 2041 or 2514 which would cause any assets of the Trust to be included in
the estate of such Trustee-beneficiary. Any such right, power, duty or discretion with
such effect shall be null and void with respect to such Trustee-beneficiary. No Trustee
who is under a legal obligation to any beneficiary of this trust or other person shall under
any circumstance partake in any decisions relating to any discretionary distnbutions of
income or principal of this trust which can be used for any such legal obligation to any
such beneficiary or other person.
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ARTICLE J:fllTH
TRUSTEE POWERS
Trustee shan have the following powers in addition to those vested in it by law and by
other provisions of this trust, applicable to all property, whether principal or income,
exercisable without court approval, and effective until actual distrIbution of all property:
A. To retain any or all of the assets of the trust, real or personal, including any
shares of stock or other securities Settlor may own of the corporate Trustee or its
successor, or of a holding company controlling Trustee or its successor, without
restriction to investments authorized for Pennsylvania fiduciaries, as it deems proper,
without regard to any principal of diversification of risk.
B. To invest in all forms of property (including stock or other securities of Trustee
or its successor, or of a holding company controlling Trustee or its successor, and
common trust funds and mortgage investment funds whether maintained by the corporate
Trustee or its successor or others), without restriction to investments authorized for
Pennsylvania fiduciaries, as they deem proper, without regard to any principal of
diversification or risk.
c. To borrow funds from any person including my Trustee, guarantee indebtedness
or indemnify others in the name of the trust and to secure any such obligation by
mortgage, pledge, security interest or other encumbrance and to renew, extend or modify
any such obligation for a term within or extending beyond the admini~ation of the term
of the trust. No lender shall be bound to see to or be liable for the application of the
proceeds of any obligation and my Trustee shall not be personally liable for any
obligation.
D. To sell at public or private sale, to exchange, or to lease for any period of time,
any real or personal property and to give options for sales, exchanges or leases, at such
prices and upon such terms or conditions as it deems proper.
E. To allocate receipts and expenses to principal or income or partly to each as
Trustees from time to time think proper in their sole discretion but in no event shall the
income of the marital deduction trust under Article Third be reduced by the exercise of
this power.
F. To lend to, or purchase from, Settlor's executor, even though any Trustee is
also such executor.
G. To hold property in the name of Settlor, or in its name without designation of
any fiduciary capacity, or in the name of a nominee, or unregistered.
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H. Settlor specifically authorizes Trustee to transfer assets to itself as Trustee by
exercise of any power of attorney granted by Settlor to Trustee, such assets so transferred
to be held IN TRUST under the terms of this trust.
L Trustee is authorized to invest in U.S. Treasury Bonds redeemable at par in
payment of Federal estate tax and Trustee is directed either to use all such bonds held by
the trust at Settlor's death to pay Federal estate tax in Settlor's estate to the fullest extent
possible or to deliver to the personal representative of Settlor's estate after Settlor's death
all such bonds held by this trust at Settlor's death for use by the personal representative to
the fullest extent possible in payment of the Federal estate tax in Settlor's estate. No
reimbursement shall be due from Settlor's estate to this trnst for the bonds so used or
distributed and provided herein. Trustee is further authorized to borrow monies to
acquire such bonds.
J. To contract with and arrange for Settlor's entrance to any hospital, nursing home,
health center, convalescent home, residential care facility, or similar institution, to
authorize medical, therapeutical and surgical procedures for Settlor, and to pay all bills in
connection therewith.
K. Should the principal of any tmst herein provided. for be or become too small in
the discretion of the Trustees other than Settlor's husband so as to make establishment or
continuance of the trust inadvisable, the Trustees other than Settlor's husband may make
immediate distribution of the then-remaining principal and any accumulated or
undistributed income outright to the person or persons and in the proportions they are
then entitled to income. Upon such termination, the rights of all persons who might
otherwise have an interest as succeeding income beneficiary or in remainder shall cease.
ARTICLE SIXTH
MISCELLANEOUS
A. Estate Expenses. Trustee shall have the power, but not the duty, to make such
expenditures out of this trust as they, in their uncontrolled discretion, may consider
desirable in order to facilitate the settlement of Settlor's estate. In exercising such power,
Trustees may pay, in whole or in part, any or all of the following items: The expenses of
Settlor's last illness and burial, including cost of gravemarker: his debts; his income
taxes; the death taXes on any and all property included in his gross estate for tax purposes;
and all other items in connection with tbe settlement of his estate. Any such items may
be paid directly by Trustees, or the funds for their payment may be transferred to Settlor's
executor or administrator; and neither such executor or adrnmimrator nor any beneficiary
of Settlor's estate shall be required to reimburse Trustees for any funds so paid.
9
B. Spendthrift Protection. Neither the principal not the income of any trust created
or contained under this agreement shall be liable for the debts of a beneficiary nor shall
the same be subject to seizure by any creditor of any beneficiary under any lien or
proceeding at law or equity. Except to the extent otherwise expressly provided in this
agreement, no beneficiary shall have authority or power to sell, assign, transfer, encumber
or in any manner to anticipate or dispose of a beneficial interest whether income or
principal. The limitations berein shall not restrict the exercise of any power of
appointment or the right to disclaim by any beneficiary.
C. No-Contest Clause. If any person or entity, other than the Settlor, or in
conjunction with any other person or entity, directly or indirectly. contests in any court
the validity of this trust agreement, including any amendments thereto, then the right of
that person or entity to take any interest in the trust property shall cease, and that person
(and his or her descendants) or entity shall be deemed to have predeceased me.
D. Income and Principal Payments. All payments of income or principal shall be
made in sucn of the following ways as my Trustee determines appropriate:
(1) To each respective beneficiary in person upon his or her personal receipt;
(2) Deposited in any bank to the credit of such beneficiary in any amount carried
in his or her name jointly with another or others;
(3) To the parent or legal representative of the beneficiary;
(4) To a Custodian under a Uniform Transfers to Minors Act selected by the
Trustee for such period of time under applicable law as our Trustee determines
appropriate ;
(5) To some near relative, friend or institution having primary responsibility for
the care and custody of the beneficiary;
(6) By the Trustee using such payment directly for the benefit of such beneficiary;
or
(7) To the Trustee of any revocable trust of whien the beneficiary is the Settlor.
E. Merger of Trusts. Trustees may at any time after death of Settlor and Settlor's
husband merge any separate trust held hereunder with any other separate trust held by
Trustees under Agreement with Settlor's husband , or under his last Will, if the terms of
the trusts are then substantially similar and held for the primary benefit of the same
persons.
F. Severability. Should any of the provisions of this agreement be for any reason
declared invalid, such invalidity shall not affect any of the other provisions of this
agreement and all invalid provisions shall be wholly disregarded in interpreting this
agreement.
G. Perpetuities Clause. Unless sooner terminated or vested in accordance with other
provisions of this agreement, all interests not otherwise vested including but not limited
to all trusts and powers of appointment created hereunder shall terminate twenty-one (21)
years after the death of the last survivor of the group composed of me and my lineal
10
G. Trust Situs and Applicable Law. The situs of this trust for administrative and
accounting purposes shall be in the County of Cumberland, Commonwealth of
Pennsylvania. The laws of the Commonwealth of Pennsylvania shall at all times govern
the CODStruCtiO~ validity, and effect oftbis Trost Agreement and the administration of the
trust hereby created.
H. Binding Effect. This Trust Agreement extends to and is binding upon the
personal representatives, successors and assigns of the Trustee and Settlor.
IN WITNESS WHEREOF, Settlor and Trustees have hereunto signed and sealed this
Trust Agreement as of the day and year first above written.
13~ E~ ~~~
BEATRICE E. FICKES, Settlor
8~ ~. ~~~-
BEATRICE E. FICKES, Trustee
COMMONWEALTH OF PENNSYLVANIA
: 5S:
COUNTY OF CUMBERLAND
On this U day of 3(/JVG , 1996, before me, the undersigned
officer, personally appeared, BEATRICE E. FICKES, Settlor and Trustee, known to me
(or satisfactorily proven) to be the person whose name is subscribed to the within
instrument and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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iNRE:
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
BEATRICE E. FICKES,
REVOCABLE LIVING TRUST
ORPHA1~S' COURT DIVISION
No. 00-407 ORPHAJ~S' COURT
RECEIPT p~l\JD RELEASE ,A1GREEMENT
FOR FINAL DISTRIBUTION
(....j
-..-;
THIS RECEIPT AND RELEASE AGREEMENT FOR FINAL DISTR;IJ,3UTI~~ is
executed on this j 2 t,- day of April, in the year Two Thousand Five (2005), by and betWeen
ELAINE A. SHUGHART formerly mown as ELAINE A. LAWSON residing at 32 Linden
Drive, Carlisle, Pennsylvania, 17013, (hereinafter referred to as "SHUGHART") and WANDA
J. PEDUZZI (hereinafter referred to as "PEDUZZI") residing at 1527 Spring Road, Carlisle,
Pennsylvania 17013.
WHEREAS, on June 28, 1996 Beatrice E. Fickes (hereinafter referred to as
"Settlor")created the Beatrice E. Fickes, Revocable Trust(hereinafter referred to as "Trust");
WHEREAS, on June 28, 1996 Beatrice E. Fickes transferred the following property into
the Trust (hereinafter "Trust Property")
1. Real Property located at 1527 Spring Road, North Middleton Township,
Cumberland County, Pennsylvania;
2. Mellon Bank Checking Account number 1921096358
3. Mellon Bank Money Market Account number 1800S712000
4. Certificates of Deposits at Mellon Bank, Dauphin Deposit Bank and Harris
QHI8IT "e"
Savings
5. Personal Property including personal effects, Furniture, Furnishings, Appliances
and Jewelry.
WHEREAS, Settlor during her life time pursuant to Article Second was entitled to
distributions of an Trust Income and discretionary distributions of Trust Principal;
WHEREAS, Settlor also served as Trustee of the Trust;
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WHEREAS, Settlor died on February fl., 2000. ~r~ I'
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WHEREAS, pursuant to p,nicle Fourth of the Trust Agreement upon the death of the
Settlor WANDA J. PEDUZZI and ELAINE D . LAWSON were appointed as co-Trustees of the
Trust.
WHEREAS, pursuant to Article Third upon Settler's death the following two specific
distributions were made: (1) $3,000.00 was distributed to ANGELA PEDUZZI-SHOPE and (2)
$3,000.00 was distributed to ANDRE\!I J. PEDUZZI.
WHEREAS, thereafter the Trust Principal was to be divided equally amongst Settlor's
then living children, WANDA J. PEDUZZI and ELAINE D. LAWSON, and distributed
promptly.
WHEREAS, SHUGHART now desires to have her share of the Trust Principal
distributed.
NO\V THEREFORE, KNOW ALL MEN BY THESE PRESENTS that SHUGHART
does hereby request that final distribution of her respective share be made without the filing of
an accounting for audit and approval by the Court having jurisdiction thereof. SHUGHART, in
consideration of cash in the amount of ONE HUNDRED FORTY-FOUR THOUSAND
FOUR HUNDRED SEVEN AND 40/100 DOLLARS ($144,407.40) representing one-half
(l/2)of the trust principal, the receipt of which is hereby acknowledged, by SHUGHART, and
her heirs, executors, administrators, personal representatives, successors and assigns of
SHUGHART, does hereby remIse, release, quitclaim and forever discharge PEDUZZI,
individually and as Trustee, and her heirs, executors, administrators, personal representatives,
successors and assigns, of and from all actions, suits, payments, accounts, claims and demands
whatsoever or by reason thereof, and from any suit, payment, claim or liability arising from this
distribution and any request for an accounting therefrom, or of any commo!l fund by the
fiduciary or arising from any losses on investments in any common fund administered by the
fiduciary, and hereby agrees that any Court having jurisdiction may by its decree discharge
PEDUZZI, individually and as Trustee.
SHUGHART further agrees to indemnify and hold harmless PEDUZZI, individually and
as Trustee, her heirs, personal representatives, executors, administrators, successors and assigns,
from and against any and all claims, losses, liability or damages which PEDUZZI may suffer as a
result of an action brought against the Trust or against PEDUZZI, by SHUGHART or her heirs,
executors, administrators, personal representatives, successors and assigns with regard to the
foregoing distribution or with regard to any past or future administration of the Trust. In
consideration of the foregoing distribution, the undersigned agrees to pay PEDUZZI the cost of
any obligations, liabilities, attorney's fees or other costs charged to the Trust or to PEDUZZI,
individually or as Trustee with regard to this subparagraph.
SHUGHART further agrees to indemnify and hold harmless PEDUZZI, individually and
"s'T'n,stpp ]-.p," ]-.p;,"s "p'"sl>,,<>j ,"p-nn"spnt"t;"ps px"'c"tl"l,"S "ri""';n;str"tl"lrs S"f"'f"'pSSl"lrs anrl <>ss;o-r>s
u.. .J..1 \,.t 1............., .1.1.......1 .1.1......1..1 , .1-'......1 V.1.lU.1 .1 V,tJ.1 '-' V.1,ll..ULJ. v...... , ...... ...... u.l.V.1 , U\...J..1.lJ..1.1.1 \..1. u."V1. , u-'-'vv V.L .1.1...... U. J.&.l,
from and against any and all claims, losses, liability or damages which PEDUZZI may suffer or
to which PEDUZZI may be subject by reason ofPEDUZZI and SHUGHART's administration of
the Trust that are now existing or that accrued prior to the signing of this Receipt and Release,
except for liability that may arise from any governing taxing authority with respect to the
administration of the Trust prior to the signing of this Receipt and Release, which would be
assessed equally among PEDUZZI AND SHUGHART, as Co-Trustees. In consideration of the
foregoing distribution, the undersigned agrees to pay PEDUZZI the cost of one-half (\12) of any
obligations, liabilities, attorney's fees or other costs charged to the Trust or to PEDUZZI,
individually or as Trustee with regard to this subparagraph.
Dli'T\U77T F.'rtl,,,,r <>gr"''''s tA ;nd"'mnl1.F.y "Dr! hAIr! harrm1ess SUT Ir::U ^ D'T ;~d;";r!""ll,, n~r1
...l..:J..I..J L..JL_U...LU t..J.J.\".IJ. U '-"v \.v J. J. \,..IJ. .1. U lU J. VIU 11 .1 1.1 .l.1.U'-.J.l.lIJ....1'\....l, lH lVJ.UUa1.1Y auu
as Trustee, her heirs, personal representatives, executors, administrators, successors and assigns,
from and against any and all claims, losses, liability or damages which SHUGHART may suffer
as a result of an action brought against the Trust or against SHUGHART, by PEDUZZI or her
heirs, executors, administrators, personal representatives, successors and assigns with regard to
the foregoing distribution or with regard to any past or future administration of the Trust. In
consideration of the foregoing distribution, the undersigned agrees to pay SHUGHART the cost
of any obligations, liabilities, attorney's fees or other costs charged to the Trust or to
SHUGHART, individually or as Trustee with regard to this subparagraph.
4
PEDUZZI further agrees to inderrmify and hold harmless SHUGHART, individually and
as Trustee, her heirs, personal representatives, executors, administrators, successors and assigns,
from and against any and all claims, losses, liability or damages which SHUGHART may suffer
or to which SHUGHi".RT may be subject by reason of SHUGH.A.RT and PEDUZZI'S
administration of the Trust that are now existing or that accrued prior to the signing of this
Receipt and Release, except for liability that may arise from any governing taxing authority with
respect to the administration of the Trust prior to the signing of this Receipt and Release, which
would be assessed equally among SHUGHART AND PEDUZZI, as Co-Trustees. In
consideration of the foregoing distribution, the undersigned agrees to pay SHUGHAtIZ T the cost
of one-half ('i2) of any obligations, liabilities, attorney's fees or other costs charged to the Trust
or to SHUGHART, individually or as Trustee with regard to this subparagraph.
PEDUZZI, agrees to indemnify and hold harmless SHUGHART, individually and as
former- Trustee, her heirs, personal representatives, executors, administrators, successors and
assigns, from a..'1d against any and all claims, losses, liability or damages which SHUGHART
may suffer or to which SHUGHART may be subject by reason ofPEDUZZI's administration of
the Trust that accrue after the signing of this Receipt and Release. In consideration of the
foregoing distribution, the undersigned agrees to pay SHUGHART the cost of any obligations,
liabilities, attorney's fees or other costs charged to the Trust or to SHUGHART individually or
as former-Trustee with regard to this subparagraph.
SHUGHART, further resigns her position as Trustee of the Beatrice E. Fickes,
Revocable Trust.
SHUGHART, further agrees to cooperate with Peduzzi to execute any and all documents
5
that SHUGHART is required to execute which pe11ain to her fom1er positlon as Trustee of the
Trust and/or pertain to her prior admirustratlon of the Trust. Shughart agrees to execute any such
documents withln a reasonable time.
PEDUZZI and SHUGH.A...RT, further agree that PEDUZZI shall become the sole
Trustee of the Beatrice E. Fickes Revocable Trust and further that PEDUZZI shall be entitled to
, 1 1 /1 ^"f'I / '\ r " :I ~ t.' t" .c""".L T .J""" _ L T'\. . 1 .1..1-,.' .c
one nunmea tI VVio) 01 au GIS nou IOns 01 1 ruSl illcome anu 1 rUSl rnnClpal upon llle sIgnmg 01
this Recelpt and Release.
SIGNATURE PAGE FOLLOWS
6
IN WITNESS WHEREOF, and intending to be legally bound hereby, SHUGHART and
PEDUZZI have hereunto set their hands and seal the day, month and year first written above.
\VITNESS:
SHUGHART:
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C-ezt-U1/ II y. ,f/ /!-,',.',(/1/ /~
ELAINE D. LAWSON / r -
fIkIa ELAINE D. SHUGHA.RT
One-half Trust Beneficiary
WITNESS:
PEDUZZI:
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WANDA J. PEE>UZZI !
One-half Trust Beneficiary
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
On this, the \ J Ip1 day of April, 2004, before me, a Notary Public, the undersigned
officer, personally appeared ELAINE D. SHUGH.A.....RT and WANDA J. PEDUZZI known to me
(or satisfactorily proven) to be the person whose name is subscribed to the within Receipt and
Release Agreement, and who acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official sea1.
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NOTARY PUBLIC
MY COMMISSION EXPIRES:
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Notarial Seal
Victoria M. Rankin, Notary Public
L~ Bora, Cumbertand County
L My CommiS.SlOn ~res Aug. 'Zl, 2006 I
Member Pennsvlvama ASsociation Of Notaries
7
INRE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
THE ESTATE OF
BEATRICE E. FICKES
ORPHANS' COURT DIVISION
NO. 21-00-407
RESIGNATION
I, Elaine D. Shughart, fonnerly known as Elaine D. Lawson, hereby resign as co-
Executrix of the Estate of Beatrice E. Fickes.
Dated:~
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Athena M.. Ott, Notary Public
Carlisle 80ro, Cumberland County
My Commission Expires June 8,2011
Member. Pennsylvania Association of Notaries
(](furo-Jt 4f-
EXHIBIT liD"
INRE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
THE EST A TE OF
BEATRICE E. FICKES
ORPHANS' COURT DIVISION
NO. 21-00-407
ACCEPTANCE
I, Wanda 1. Peduzzi, hereby agree to continue to serve as the sole Executrix of the Estate
of Beatrice E. Fickes.
Dated: f,/dt'/iI 7
vtI~(J.~/
Wanda J. PeduzziP'
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Athena M. Ott, Notaly Public
Carlisle 8oro, Cumberland County
My Commission Expires June 8, 2011
Member, Pennsylvania Association of Notaries
~
EXHIBIT "E"
VERIFICATION
I, Wanda J. Peduzzi, Petitioner herein, hereby certify that the facts set forth in the
foregoing Petition for Leave to Resign as Executrix are tme and correct according to the best of
my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa.
c.s. 94904 relating to unsworn falsification to authorities.
1/c3tJ /V/
, Date
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, Wanda 1. ict~zzi y--
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Athena M. Ott. Notary Public
Cartisle Born, Cumberland County
My Commission Expires June 8. 2011
Member, Pennsylvania Association of Notaries
&rff .
INRE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
THE EST A TE OF
BEATRICE E. FICKES
ORPHANS' COURT DIVISION
NO. 21-00-407
CERTIFICATE OF SERVICE
I, Ronald D. Butler, Esquire, hereby celiify that on the 5~ day of S~f',t:frl6U,
2007, I served a true and correct copy of the foregoing Petition for Leave to Resign as Executrix
by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania,
addressed as follows:
Elaine D. Shughart
3 East Linden Drive
Carlisle, P A 17013
~~
Ronald D. Butler, Esquire
Attorney for Petitioner
J.D. #09826
500 North Third Street
P.O. Box 1004
Harrisburg, P A 17108-1004
(717) 236-1485
ATTORNEYS AT LAW
rSEP 0 7 2D07 f')
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INRE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV ANlA
THE ESTATE OF
BEATRICE E. FICKES
ORPHANS' COURT DIVISION
NO. 21-00-407
ORDER
AND NOW, on this to day of ~007, upon consideration ofthe
foregoing Petition, IT IS HEREBY ORDERED (1) that the resignation of Elaine D. Lawson
(nlkla Elaine D. Shughart) as co-Executrix of the Estate of Beatrice E. Fickes is approved and (2)
Wanda J. Peduzzi shall continue to serve as the sole Executrix ofthe Estate of Beatrice E.
.
. .
(
Fickes.
.-
TO:
Ronald D. Butler, Esquire
Butler Law Firm
500 N. Third Street
P.O. Box 1004
Harrisburg, PA 17108-1004
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3 East Linden Drive
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11...'111
In Re: BEATRICE E FICKES
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-00-0407
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 09-10-07
JUDGE'S INITIALS: EBB
TIME STAMP DATE: 09-10-07
IN RE: ORDER OF COURT
""....",......",.."""""....""""....,..,............,""""..""""""""""""""""""","""',..,"""",....",....."
SERVICE TO:
RONALD D BUTLER
ELAINE D SHUGHART
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
IZI USPS
DRRR
o HAND DELIVERED
o OTHER_
IZI PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 9/11/07
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
v01Jt j 11 f7 /lL ~ ()t<Jh n 1\ff6
Deputy Tn WVJ
Clerk of Orphans' Court